NTC order shutting down ABS-CBN is “obscene, monstrous”

The Consortium on Democracy and Disinformation and its partners strongly condemn the cease and desist order issued by the National Telecommunications Commission against ABS-CBN’s “various TV and radio broadcasting stations nationwide.” The May 5, 2020 order is a legal obscenity and a moral monstrosity.

The order, issued while the network’s franchise renewal is actively pending in Congress, runs counter to accepted practice and legislative tradition, undermines the public’s right to information especially during a grave public health emergency, and violates both letter and spirit of the Constitution.

The NTC bases its decision ostensibly on the fact that RA 7966, which granted the network a 25-year franchise, expired on May 4, 2020.

But the NTC conveniently forgot, under a long-standing legislative tradition, that other TV and radio stations were allowed to continue operations while their franchise renewal was pending in Congress.

The NTC conveniently forgot that on March 10, 2020, Commissioner Gamaliel Cordoba promised Congress that it would grant the network a provisional authority while franchise renewal was pending. “May I assure this committee that barring a gross violation of its franchise of the NTC rules and regulations, the NTC will follow the latest advice of the DOJ and let ABS-CBN continue operations based on equity.” 

The NTC also conveniently forgot that on May 4, the same day RA 7966 was to lapse, Justice Secretary Menardo Guevarra issued “the latest advice of the DOJ”—specifically, that “the Department of Justice stands by its position that there is sufficient equitable basis to allow broadcast entities to continue operating while the bills for the renewal of their franchise remain pending with Congress.” This position even does away with the need for a provisional authority from the NTC altogether.

But under pressure from Solicitor General Jose Calida, the NTC decided to subvert congressional tradition, renege on its clearly stated promise, and ignore the legal position of the justice department. Out of convenience or cowardice, the NTC decided to violate the constitutional injunction against abridging freedom of speech, of expression, and of the press. Against its own word, the NTC decided to subvert the fundamental principle of equity.

This outrageous conduct cannot be understood apart from the wider context of the Duterte administration’s war on the media: the harassment of Rappler, the bullying of the Inquirer, the attacks against VERA Files and PCIJ, the red-tagging of and cyber-attacks against alternative news groups and the arrests of some of their journalists, the state-sponsored trolling of independent media. If the nation will allow an unjust ABS-CBN shutdown to stand, we should all expect increased media harassment, more widespread and more malevolent disinformation, worse obscenities committed against journalism in the name of “the law.”

The Consortium on Democracy and Disinformation—a nationwide network of journalists, scholars, bloggers, and civil society representatives—joins other freedom-loving Filipinos in condemning the NTC order, in clamoring for the immediate passage of a new legislative franchise for ABS-CBN, and in calling for the NTC and the Office of the Solicitor General to be held to the strictest account.

Stand with ABS-CBN. No to ABS-CBN shutdown. Defend Press Freedom.

Institutional Signatories (Members, Partners, Allies)
Asian Center for Journalism
Center for Media Freedom and Responsibility
Foundation for Media Alternatives
Freedom for Media, Freedom for All Network
Mindanews
National Union of Journalists in the Philippines
Philippine Association of Communication Educators
Philippine Center for Investigative Journalism
Philippine Press Institute
PhilStar.com editorial staff
Rappler
Rock Ed Philippines
University of the Philippines Journalism Department
VERA Files
Good Governance and Development Group, University of the Philippines Cebu
All UP Academic Employees Union, University of the Philippines Cebu Chapter

Individual Signatories (Members and Colleagues)
Al Alegre
Jamela Alindogan
Jes Aznar
Gang Badoy
Rochelle Ann Barraquias
Dana Batnag
Razza Bello
Nancy Carvajal
Jay Anthony Cavales
Yas Coles
Cong Corrales
Ira Cruz
Noemi Dado
Dang Garcia
Danila Garcia
Bart Guingona
Girlie Linao
Barnaby Lo
Ann C Lopez
Mark Macaventa
Mags Maglana
Leslie Manalo
Mae Marbella
Bullit Marquez
Gemma Mendoza
John Nery
Marian Pastor Roces
Ferda Punay
Marlon Purificacion
Paolo Romero
Aricel Saludo
Imelda Samson
Ariel Sebellino
Therese San Diego Torres
Ramon Tuazon
Jane Uymatiao
Maurice Jitty Villaester
Isza Zerrudo
Danilo A. Arao, UP Journalism Department
Yvonne T. Chua, UP Journalism Department
Ma. Diosa Labiste, UP Journalism Department
Ivy Lisa F. Mendoza, UP Journalism Department
Janvic Mateo, UP Journalism Department
Jimmy Domingo, UP Journalism Department
Cai U. Ordinario, UP Journalism Department
Kara Patria David-Cancio, UP Journalism Department
Theresa Martelino-Reyes, UP Journalism Department
Jake C. Soriano, UP Journalism Department
Teresa Congjuico, UP Journalism Department
Zoilo Andrade, UP Visayas, Communication and Media Studies, Journalism Cluster
Joel Butuyan, VERA Files
Meeko Camba, VERA Files
Booma Cruz, VERA Files
Anthony Cuaycong, VERA Files
Charmaine Deogracias, VERA Files
Chi Liquicia, VERA Files
Merinette Retona, VERA Files
Rosal Revaldo, VERA Files
Elijah Roderos, VERA Files
Celine Isabelle Samson, VERA Files
Ivel Santos, VERA Files
Klaire Ting, VERA Files
Ellen Tordesillas, VERA Files
Tita Valderrama, VERA Files
Robert Abaño, Philippine Daily Inquirer
Jeannette Andrade, Philippine Daily Inquirer
TJ Burgonio, Philippine Daily Inquirer
Nestor Burgos, Philippine Daily Inquirer
Dexter Cabalza, Philippine Daily Inquirer
Inna Cabel, Philippine Daily Inquirer
Fate Colobong, Philippine Daily Inquirer
Melvin Gascon, Philippine Daily Inquirer
Marlon Ramos, Philippine Daily Inquirer
Leila Salaverria, Philippine Daily Inquirer
Tina Santos, Philippine Daily Inquirer
Veronica Tapia, Philippine Daily Inquirer
Lian Buan, Rappler
Mara Cepeda, Rappler
Bea Cupin, Rappler
Camille Elemia, Rappler
Paterno Esmaquel II, Rappler
Bona Magsambol, Rappler
Patty Pasion, Rappler
Aika Rey, Rappler
Ralf Rivas, Rappler
Rambo Talabong, Rappler
Sofia Tomacruz, Rappler
Maila Ager, Inquirer.net
Kristelyn Aguilar, Inquirer.net
Darryl John Esguerra, Inquirer.net
Daphne Galvez, Inquirer.net
Katrina Hallare, Inquirer.net
Gabriel Lalu, Inquirer.net
Neil Arwin Mercado, Inquirer.net
Christia Ramos, Inquirer.net
Karl Patrick Masola Suyat, CEGP – Laguna

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