‘DEMOCRACY’S LOSS’: NTC order shutting down ABS-CBN slammed

It happened amid the coronavirus disease 2019 (COVID-19) crisis and two days after the World Press Freedom Day.

Various quarters slammed the order of the National Telecommunications Commission (NTC) to halt the broadcast operations of ABS-CBN Corp.

National Union of Journalists of the Philippines (NUJP) accused the Duterte administration of carrying out “an underhanded assault on freedom of the press and of expression through a cease and desist order issued by the National Telecommunications Commission against broadcast network ABS-CBN” amid the pandemic.

“That this dastardly move comes two days after we observed World Press Freedom Day and a day after (Solicitor-General) Jose Calida warned the NTC of graft charges should it allow the network to operate beyond the expiration of its franchise on May 4. All this stems from President Rodrigo Duterte’s personal vendetta against the network, whose franchise renewal he pledged to block,” the NUJP statement said.

The NUJP said the NTC order runs roughshod over Congress which has the power to decide on franchise issues. The order will also deprive the public of information amid a major health crisis.

“No matter that this is a slap on Congress, which has the sovereign power to decide on matters of franchise and which explicitly asked the NTC to allow ABS-CBN to continue operating while it deliberates the bills to renew the network’s franchise. No matter that the closure of a major media network would deprive our people of a major source of information at a time when information could spell life and death as we battle the pandemic.”

For NUJP, one message is clear in shutting down ABS-CBN: “What Duterte wants, Duterte gets. And it is clear, with this brazen move to shut down ABS-CBN, that he intends to silence the critical media and intimidate everyone else into submission.”

“But just as the independent press survived and triumphed with the people over the Marcos dictatorship, we are certain that we shall do so again, that this regime that has run roughshod over our laws and disregarded our basic rights and liberties will not succeed. We call on the community of independent Filipino journalists and on all Filipinos who cherish democracy and liberty to stand together and resist this government’s brazen assault on freedom of the press and of expression,” the group added.

Chairman Nonoy Espina called the shutdown of the network a loss of democracy, and the freedom of the press and expression.

“Kalokohan na itong ginagawa ng gobyernong ito. I think they have crossed the line that we, hindi lamang sa media, kundi ‘yong taumbayan, should not allow,” Espina said in an interview with radio DZMM which is owned by ABS-CBN.

“Malaking kawalan ito sa demokrasya at kalayaan ng pamamahayag at pagpapahayag,” he said.

Espina warned that shutting down a “major outlet of information” could endanger lives amid the country’s continued battle against the coronavirus disease 2019 (COVID-19).

“Information, at this time, is very, very important tapos kukunan mo ‘yong taumbayan ng isang source of information,” he said.

Espina said the issuance of a cease and desist order was “intended to send a message” since it was released two days after the celebration of World Press Freedom Day.

“This government is telling us, we do not care about your rights, we do not care about your freedom… Sobrang garapalan,” he said.

In a cease and desist order (CDO) issued Tuesday, the NTC said ABS-CBN must stop its broadcast operations “due to the expiration of its congressional franchise” on May 4, 2020.

The NTC gave the network 10 days from receipt of the order “to respond as to why the frequencies assigned to it should not be recalled.”

The NTC issued the order despite steps taken by Congress leaders to show that they favor a renewal of ABS-CBN’s broadcast franchise.

Even the Department of Justice said the NTC can allow the TV giant to continue operating sans a franchise on the basis of a provisional authority.

The Senate earlier adopted a resolution expressing the chamber’s view that ABS-CBN Corporation and its subsidiaries should be allowed to operate while awaiting Congress action on its franchise renewal application.

At the House of Representatives, lawmakers sent a letter to the NTC asking that a provisional authority be issued to ABS-CBN pending renewal of the network’s franchise.

The NTC issued the CDO two days after Solicitor General Jose Calida cautioned the NTC against issuing a provisional authority to ABS-CBN, saying Congress alone may decide on the fate of the network.

Calida had filed a quo warranto petition questioning the validity of ABS-CBN’s current franchise.

This is not the first time that a major news organization came under attack by the Duterte administration.

Online news site Rappler.com is facing a slew of charges questioning its ownership and operations. Rappler founder and veteran journalist Maria Ressa was also swamped with criminal cases under the current administration.

Broadsheet Philippine Daily Inquirer was also the subject of President Duterte’s verbal attack because of its critical coverage of the war on drugs.

 

CONTEMPT

Meanwhile, the chairperson of the House legislative franchises committee warned the NTC that it would be summoned to explain why it should not be held in contempt should it renege on its commitment to grant ABS-CBN a provisional authority to continue operations.

Palawan 1st District Rep. Franz Alvarez said Calida’s “pressure” on the NTC “directly challenges” Congress’ exclusive authority over broadcast franchises.

“If the NTC chooses to succumb to the pressure of the Solicitor General, and disregard the commitments they gave under oath, we reserve the right to call them before Congress and explain why they should not be held in contempt,” Alvarez said in a statement.

“We have recently been made aware of efforts by the Solicitor General to pressure the (NTC) to go against the ruling of the Department of Justice, which states that ABS-CBN may continue to broadcast while Congress deliberates on the renewal of its franchise.”

“We would like to make it clear that Congress takes this matter very seriously…,” Alvarez said.

The Solicitor General, according to Alvarez, “should have the decency to give Congress this courtesy to complete the exercise of its power, “noting that his committee already began deliberations on the broadcast company’s application for franchise renewal before adjourning in March.

He said that enjoining NTC to allow ABS-CBN to operate until Congress finally decides on its franchise application is necessary to give lawmakers “sufficient time” to assess.

The committee would not be “dictated upon” by any agency on the “manner, schedule, and conduct of it’s official business,” he said.

In March, the NTC said it would issue a provisional authority to allow ABS-CBN and its subsidiaries to operate until June 2022, while Congress deliberates on the network’s franchise renewal bid.

“The power of Congress to legislate is complete, full, and plenary. A legislative franchise is a law and by deciding whether to grant or deny a franchise, it is passing a law and making policy,” Alvarez reiterated.

“With the legal opinion of the Department of Justice and the authority given by the House of Representatives, there is no reason for ABS-CBN to discontinue or stop their operations until we make a final decision.”

The NTC earlier issued a memorandum allowing the automatic renewal of expiring permits of broadcast and pay TV facilities during the enhanced community quarantine.

The Luzon lockdown ended on April 30 but the measure was extended in Metro Manila until May 15 to contain the spread of COVID-19.

 

CONDEMNATION

Several senators condemned the NTC for stopping the operations of ABS-CBN.

“This act of NTC… is totally contrary to law and is a grave abuse of discretion,” Senate Minority Leader Franklin Drilon said during the Senate’s hybrid session.

“First, there is enough precedent… that provisional authority can be issued while the application for renewal is pending,” he said.

Senate Majority Leader Juan Miguel Zubiri echoed Drilon, saying several media companies have been operating using provisional authority while their licenses to operate are still pending in Congress.

“What I find highly irregular is that I know for a fact that there are many stations operating on provisional authority… We can cite many instances when the NTC granted provisional authority for those still applying for their franchises,” Zubiri said.

“ABS-CBN can ask for a temporary restraining order or TRO presenting the fact that the NTC has given this (provisional authority) to past and present corporations,” he said.

Sen. Sonny Angara expressed his “reservations” about the order “because at the time of the virus, people need to be informed.”

 

EFFECTIVE IMMEDIATELY

Justice Secretary Menardo Guevarra said the NTC order takes effect immediately but can be reviewed by the courts.

“A CDO (cease and desist order) is immediately executory but still appealable to the courts,” Guevarra said in a message to reporters.

In a separte text message to GMA News, Guevarra said, however, that “it’s up to ABS-CBN if it will comply.”

The commission issued the CDO despite saying in March that it will heed the Department of Justice’s (DOJ) advice that there is sufficient basis to allow broadcast entities to continue operating pending the renewal of their franchise.

Guevarra pointed this out, adding that Congress expressed “essentially the same view.”

But the DOJ chief said on Tuesday that the NTC should explain its decision.

“The NTC issued a cease-and-desist order instead. It must have a very good reason for doing so. Let’s wait for its explanation,” the DOJ chief said.

When asked what the legal implications are if ABS-CBN disregards the NTC order and airs tonight, Guevarra replied:  “The NTC will have to enforce it if ABS-CBN will not voluntarily comply.” (With reports from ABS-CBN News and GMA News Online)