Caoilfhionn Gallagher KC welcomes Rappler court victory in Philippines

Caoilfhionn Gallagher KC

The Irish-born barrister, who practices with Doughty Street Chambers in London, is co-leader with Amal Clooney of the international legal team acting for Rappler founder Maria Ressa.

The Philippines Securities and Exchange Commission (SEC) took action against Rappler in 2017, alleging that it violated a law prohibiting foreign ownership or control of media organisations by securing investment from an American philanthropic investment fund in 2015.

In 2022, the SEC issued an order revoking Rappler’s certificate of incorporation, meaning it would cease to operate. The execution of that order was suspended pending a legal challenge which Rappler has now won.

The Philippines Court of Appeals has ruled that the SEC’s order was issued “with grave abuse of discretion, contravening established procedures, jurisprudential and legal instructions, and the clear intent of the Constitution”, and that its actions “have no place in a democratic state”.

However, Ms Ressa continues to face other proceedings brought as part of what her lawyers describe as a state-sponsored campaign of harassment against her and her journalism.

She remains convicted of “cyberlibel” and subject to a six-year prison term as a result of Rappler’s public interest reporting on alleged corruption by a judge, in a case which is now before the state’s Supreme Court. She also still faces separate criminal proceedings, carrying a maximum 15-year sentence, arising out of the 2015 investment.

Ms Gallagher said: “The Court of Appeals has confirmed what we have long known: the SEC’s proceedings against Rappler were baseless and unfair, and designed to kill off a successful, innovative media company. The court’s ruling is good news for media freedom and the rule of law in the Philippines.

“But there is much more to do. The Marcos administration continues to pursue our brave client, Maria, for her journalism. It is imperative that the government now draws a line, drops the outstanding charges, and concedes all outstanding appeals. Journalism is not a crime — this legal harassment must end now.”

Ms Clooney said: “After eight years of legal harassment, the Philippines Court of Appeals has finally vindicated our client’s rights and allowed her news site to operate.

“Maria Ressa is a journalist who speaks truth to power – and the law should not be weaponised to silence her. Although we celebrate this legal victory, Maria still faces years in prison in other spurious cases — the Philippine authorities are still pursuing a libel conviction before the Supreme Court, prosecuting her for foreign investment and appealing her acquittal in related tax cases.

“The government could drop these charges at any point – and should demonstrate their commitment to press freedom by doing so now.”

The international legal team led by Amal Clooney and Caoilfhionn Gallagher KC includes fellow barristers Can Yeginsu and Claire Overman and lawyer Alice Gardoll. The team is also working closely with Peter Lichtenbaum, Stephen Rademaker and former Ambassador Daniel Feldman of Covington & Burling LLP.