MANILA, Philippines – In a blow to press freedom, the Securities and Exchange Commission (SEC) on January 11 revoked Rappler's license for allegedly violating the Constitution and the Anti-Dummy Law.
The decision, which the SEC published on its website on January 15, was the first of its kind for the SEC and Philippine media. (READ: FAQ: Rappler's SEC case)
In a statement, Rappler said, "What this means for you, and for us, is that the Commission is ordering us to close shop, to cease telling you stories, to stop speaking truth to power, and to let go of everything that we have built – and created – with you since 2012." (READ: Stand with Rappler, defend press freedom)
Here's a rundown of events surrounding Rappler's case.
December 2016
The SEC on December 22, 2016, receives a letter from Office of the Solicitor General dated December 14, 2016, asking the SEC to investigate Rappler over its Philippine Depositary Receipts (PDRs).
A PDR is a financial instrument that allows foreigners to invest in a Filipino company, without owning any part of it. This is consistent with the 1987 Constitution, which states that mass media in the Philippines should be wholly owned by Filipinos.
Rappler is not furnished a copy of the letter from the Office of the Solicitor General We were formally notified of why the investigation began when we received the decision.
February 2017
Rappler appears before the SEC on February 28, 2017, in response to a notice of conference from the SEC's Company Registration and Monitoring Department.
July 2017
The SEC creates a special panel on July 8, 2017, to conduct a formal, in-depth examination into Rappler Inc and its parent company, Rappler Holdings Corporation. The panel is tasked to review possible violations of nationality restrictions on ownership and control of mass media entities.
Days later, in his second State of the Nation Address (SONA) on July 24, 2017, President Rodrigo Duterte claims Rappler is "fully owned by Americans," and warns the media outlet that this violates the 1987 Constitution.
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Rappler debunks these allegations, and states it is 100% Filipino-owned. (READ: Debunking lies about Rappler)
August 2017
Rappler receives on August 1, 2017, a show cause order from the SEC panel directing it to file a sworn statement within 15 days.
On August 17, 2017, Rappler files a request for extension, which the SEC grants on August 23, 2017.
A few days later, on August 29, 2017, Rappler files its verified explanation.
September 2017
The SEC's special panel on September 27, 2017, orders Rappler to submit documents including a true copy of the North Base Media (NBM) PDRs, as well as the incorporation documents of ON, NBM Rappler Inc, and NBM.
October 2017
Rappler files requested documents on October 12, 2017.
January 15, 2018
After just 5 months of review, the SEC publishes on its website its decision dated January 11, 2018, to void Rappler's ON PDR and revoke its license to operate for allegedly violating the Constitution and the Anti-Dummy Law.
It also forwards its decision to the Department of Justice (DOJ) for appropriate investigation.
In a statement, the company urges its readers and viewers to defend press freedom.
In response, Malacañang says it respects the SEC decision and adds the issue at hand is about compliance with the Constitution, not freedom of the press.
Journalists, human rights advocates,lawmakers, and netizenscondemn the SEC's decision to revoke Rappler's license.
January 16, 2018
A day later, Solicitor General Jose Calida says the DOJ will now look into Rappler's criminal liability for allegedly violating the Anti-Dummy Law.
In the meantime, SEC Spokesperson Arman Pan says Rappler can still continue its operations while its decision is not yet "final and executory." Pan adds the company can exhaust all legal remedies and can appeal to the Court of Appeals (CA) within 15 days.
Meanwhile, Presidential Spokesperson Harry Roque, in an interview on ANC's Headstart, says Duterte denies any hand in the SEC decision, and adds Rappler can still cover Malacañang.
Malacañang also says the DOJ now has "legal basis" to file charges against Rappler.
Reacting to the issue, Vice President Leni Robredo says the public should be "concerned" over efforts to curtail press freedom.
Later on, Duterte calls Rappler a "fake news outlet," as he rants on the sidelines of an event about an article published on his aide, Special Assistant to the President Christopher "Bong" Go.
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In response, Rappler says, "The President knows who produces fake news in the Philippines, and it certainly is not Rappler. He doesn't have to look far from where he sits in Malacañang."
Meanwhile, Parliamentarians from the Association of Southeast Asian Nations, activists, and campus journalists continue to hit the SEC's order.
January 17, 2018
A few days after the SEC published its decision, Justice Secretary Vitaliano Aguirre II orders the National Bureau of Investigation (NBI) to conduct a case build up against Rappler for "possible violation of the Constitution and laws."
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Rappler slams the NBI's probe as a "fishing expedition," adding the move is pure and simple harassment.
Rappler lawyer Francis Lim also says the SEC's decision regarding an allegedly unconstitutional PDR is "too severe."
The SEC, however, says its stands firm in its decision to strip Rappler of its license to operate.
In a press conference, Roque changes tune and suggests that Rappler can apply for blogger accreditation if it loses its license.
One of Rappler's PDR investors, Marcus Brauchli of North Base Media, hits former journalist Roberto Tiglao and questions the SEC's ruling.
In addition to this, iternational media outlets, such as the New York Times (NYT), condemn the SEC's order.
January 18, 2018
The NBI sends subpoenas to Rappler CEO Maria Ressa and former Rappler reporter Reynaldo Santos Jr over a complaint for violation of the cybercrime law. Businessman Benjamin Bitanga – incorporator of Dolphin Fire, which is a shareholder in Rappler Holdings – is also sent a subpoena.
The complaint, which was filed by businessman Wilfredo Keng, is in relation to a story published in 2012. The 2012 Rappler report said Keng allegedly lent his SUV to the late former chief justice Renato Corona.
Ressa says the timing of the cyber libel complaint "is suspicious."
"It's a 2012 article, and again what we were told is this is coincidental, but too much of a coincidence creates a pattern," the Rappler CEO says.
Meanwhile, Aguirre says the DOJ will also look into "other laws" violated by Rappler, adding that investigations will not be limited to corporate foreign control and possible violation of the Anti-Dummy Law.
January 19, 2018
In response to speculation that the Commission will look into other media outlets, the SEC says it will not review the PDRs of listed media firms ABS-CBN and GMA-7, as these were offered to the public.
In response to criticism on its issued subpoenas, the NBI says Rappler could still be liable for cybercrime even if the law is not retroactive.
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Later that evening, journalists and bloggers join the #BlackFridayForPressFreedom gathering at the Boy Scout Circle, the roundabout at Timog and Tomas Morato intersection in Quezon City, to defend press freedom.
January 22, 2018
Ressa appears before the NBI for an initial hearing over a subpoena the department issued over a complaint on cyber libel.
An international law group, The International Commission of Jurists, expresses concern over the possible impact of the SEC's decision on Rappler, warning the move "constitutes a significant restriction on freedom of expression."
January 25, 2018
The Philippine government, in a letter to the editor published on January 24 from Philippine Ambassador to the US Jose Manuel "Babe" Romualdez, criticizes the NYT for publishing an editorial on the SEC's ruling.
January 26, 2018
United Nations special rapporteur Agnes Callamard along with two other experts slam moves to shut down Rappler. In a joint statement, the UN rapporteurs say, "We are especially concerned that this move against Rappler comes at a time of rising rhetoric against independent voices in the country." – Rappler.com