Bulatlat files contempt charge vs NTC over still inaccessible website

MANILA — Independent media website Bulatlat has asked a court to hold the National Telecommunications Commission (NTC) in contempt for refusing to comply with an order unblocking its website.

Bulatlat, represented by its managing editor Ronalyn Olea, filed an indirect contempt charge before the Quezon City Regional Trial Court on Thursday.

On August 11, Bulatlat secured a court order from QC Regional Trial Court Branch 306 granting its plea for a writ of preliminary injunction to stop the NTC from implementing its memorandum blocking the website of Bulatlat, which was based on a request from former National Security Adviser Hermogenes Esperon Jr.

• 'Collective win': Bulatlat gets court order to stop NTC blocking

The court order was conditioned upon the posting of a P100,000 bond.

After resorting to crowdfunding, Bulatlat was able to post the bond on August 15 and the court issued a writ of preliminary injunction the next day.

A copy of the writ was served on the NTC on August 18.

"Despite due service of the writ, the respondent defied, and continue to defy, the Writ of Preliminary Injunction, wherein it was enjoined to discontinue the implementation of its Memorandum dated June 8, 2022," the petition said.

"The website of plaintiff, bulatlat.com, continues to be blocked and inaccessible to its subscribers using Globe, Converge, PLDT and Smart internet service providers until today," it added, citing an informal survey on Twitter of Bulatlat users.

Bulatlat earlier said its unique readers dropped by 43% since NTC implemented the blocking memorandum.

It had to resort to mirror sites to give its readers access to its contents.

“[T]he continued blocking of its website for more than 48 hours after respondent NTC has been officially served with the writ of preliminary injunction is an outright and inexcusable act of defying a lawful order of the Honorable Court,” Bulatlat said in its petition.

• Bulatlat to NSC: 'Rescind' Esperon's letter to block website

The NTC has filed a motion for reconsideration of the court order granting the injunction plea, which is set for hearing on Tuesday, August 30.

But according to Bulatlat’s counsel, Josa Deinla, the pendency of a motion for reconsideration is not an excuse not to comply.

"According to the rules, once the writ is ordered, it should be followed, it should be complied with by the party to whom it was directed," she said.

"And wala naman sa rules na nakalagay na dahil lang may pending motion for reconsideration ay hindi na dapat sundin. Dapat kagyat na sundin nila ang writ of preliminary injunction."

(Nowhere in the rules says it should not be followed because of a pending motion for reconsideration. They should immediately follow the writ of preliminary injunction.)

Olea expressed disappointment over the NTC’s failure to comply with the court order and its attempt to challenge it.

"Siyempre nalulungkot kami at naiinis kasi ang gusto lang naman namin ma-unblock yung website. Hindi naman 'yun mahirap gawin siguro. They can just issue a memorandum to order all ISPs (internet service providers) to comply with the RTC order," she said.

(Of course, we're saddened and disappointed because we just wanted our website to be unblocked. I surmise that's not difficult to do.)

NTC had argued there was no basis to grant the injunction plea because some Bulatlat readers still have access to the website itself or to its mirror sites.

"Kahit ano pang klaseng restriction (Whatever form of restriction), it’s still a violation of our right to publish and of the public’s right to access," she said.

"Parang ABS-CBN di ba, tinanggal mo sa free TV, nilagay mo sa digital, ibig bang sabihin nun hindi na na-violate ang rights ni ABS-CBN. Meron pa ring violation. Tinanggalan mo sila ng isang platform na pinakamadaling ma-access ng publiko," she added.

(Just like ABS-CBN, you remove it from free TV, you put it on digital — does that mean you don't violate its rights? There's still a violation. You rid them from a platform that's easily accessible by the public.)

"The same with Bulatlat. Ang alam ng aming subscribers, for the longest time, 21 years na kami, bulatlat.com. And until now, marami pa ring di nakakaalam na we have the mirror sites. And precisely the reason why we had to set up a mirror site is because there is a grave injury sa ating right sa paglathala," she continued.

(The same with Bulatlat. Our subscribers — for the longest time, we're already 21 years — know it's bulatlat.com. And until now, many readers are not aware that we have mirror sites. And precisely the reason why we had to set up a mirror site is because there is a grave injury in our right to publish.)

Olea accused the NTC of consistently "violating press freedom," beginning with the cease and desist order it issued in May 2020 which killed the broadcast operations of ABS-CBN.

ABS-CBN’s franchise lapsed on May 4, 2020 but the NTC, pressured by then-Solicitor General Jose Calida, took the unusual step of issuing a cease and desist order against ABS-CBN, even as it allowed, in the past, other broadcast companies with expired franchises to continue operating until it can renew its franchise.

"Habang nakasalang pa ‘yung franchise renewal, inunahan na nila na maglabas ng order," she said.

(Despite the pending franchise renewal, they preempted it with an order.)

"And then ngayon na naghahanap tayo ng paraan to reach the widest audience possible, in the form of halimbawa, partnership with TV5, nauuna na naman sila na pigilan ito," she added, referring to the paused joint venture between TV5 and ABS-CBN.

(And now that we're looking for ways to reach the widest audience possible, in the form of like partnership with TV5, they're at it again.)

• ABS-CBN, TV5 hit pause on investment deal to address issues

NTC Commissioner Gamaliel Cordoba told a congressional hearing Thursday that any partnership between the 2 networks will have to go through the NTC and ABS-CBN will have to secure clearances from various agencies.

The Securities and Exchange Commission and the Philippine Competition Commission said the deal was not a merger but a joint venture and did not trigger notification requirements since it did not meet the 35% threshold.

"Medyo nakakabahala. And we really have to close ranks para labanan itong ganitong klaseng…ang tawag natin ay censorship," Olea said.

(It's a bit worrying. And we really have to close ranks to thwart this kind of... what we call censorship.)

• Antitrust body says ABS-CBN -TV5 deal not a merger, but unsure if it's an 'acquisition'
• SEC says 'no merger' in ABS-CBN, TV5 deal but controlling stake needs review
• NTC: ABS-CBN, TV5 need gov't clearances before approval of investment deal

RELATED VIDEO

Watch more News on iWantTFC