SMNI journalists ask SC: Stop NTC order
Anchors and reporters of Sonshine Media Network International (SMNI) have asked the Supreme Court (SC) to stop the National Telecommunications Commission (NTC) from enforcing its indefinite suspension order against the network.
In a 45-page petition filed by the SMNI through their counsel, former presidential spokesman Harry Roque, the network asked the SC to issue a temporary restraining order (TRO) and injunction against the cease and desist order issued by the NTC last Jan. 18.
The NTC ordered the indefinite suspension after it received reports that SMNI did not comply with the earlier 30-day suspension order.
The SMNI also asked the SC to issue a writ of certiorari declaring that the NTC committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the assailed orders, among others, and a writ of prohibition.
In its petition, the media network said the indefinite suspension is a form of censorship without legal basis and pointed out that the NTC order was based on a House of Representatives’ resolution that found that the broadcast network had violated the terms and conditions of its franchise, particularly deliberately disseminating false information, the transfer of shares without prior Congressional approval and failure to offer at least 30 percent of its outstanding stock.
“The (NTC orders) are content-based restrictions on the operations of SMNI. They are directed to SMNI alone, and are based on findings from a previous investigation in which SMNI’s operations and the content of its broadcasts were scrutinized,” the petition stated.
“Regardless of any purported objective if the effect is to shut down the broadcast operations of SMNI … the assailed order must be scrutinized with a heavy presumption of unconstitutionality,” it added.
The SMNI also argued that the NTC has no power to revoke an existing franchise, as this prerogative lies with the Office of the Solicitor General (OSG) through a case in court to cancel a franchise.
The petition also argued that the NTC orders violate the right of freedom of speech and of the press.
In an interview, SMNI anchor Jade Calabroso said the NTC order is causing anxiety to employees and their families, and they are hoping the network’s operations will continue.
For his part, anchor Jayson Rubrico said their case should serve as a caution for other media entities as it could happen to others as well.
“We had a dedicated coverage for President Marcos during the 2022 elections. If this can happen to us, who were supportive of the government, what more for the alternative media and those who do not support the government and the President?” Rubrico said.