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The Philippines’ largest television network faces a possible shutdown on Monday, after President Rodrigo Duterte’s allies in Congress refused to renew the station’s 25-year license in a move that critics and vigilantes of The media have denounced as part of the government’s continuous attack on the free press.
On the eve of the May 4 deadline, Duterte Attorney General José Cálida said there was no legal basis to grant ABS-CBN Broadcasting Corporation even a provisional license, as he awaits congressional approval, threatening to prosecute any government official who defied the order.
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“Not less than what the Constitution requires a prior franchise of Congress. Therefore, when there is no renewal, the franchise expires by operation of the law. The franchise ceases to exist and the entity can no longer continue its operations as a service public”. He said in a statement Sunday that it was also World Press Freedom Day.
Since taking office in June 2016, Duterte has repeatedly expressed disdain for the television network, which is owned by one of the wealthiest families in the Philippines.
Duterte claimed that ABS-CBN had refused to run its political ads during the campaign season, allegations that the network has denied.
ABS-CBN’s coverage of the drug war, which has killed thousands of people, also angered the Philippine president.
On many occasions, the president has threatened to block the renewal of the network franchise, while suggesting that owners must sell the company to break the impasse. At the same time, he insisted that his hand-picked leaders in Congress were free to decide on the issue.
Provisional license
Several bills have been pending before Congress since 2019 for ABS-CBN license renewal, but Congress sat on the legislation citing other priorities. The House of Representatives was postponed in March without accepting any of the renewal bills.
As a remedy for the delay, the Justice Department advised the National Telecommunications Commission (NTC), the government agency in charge of granting transmission licenses, to issue ABS-CBN a provisional license to allow it to continue operating, with the consent of Congress.
Speaker of the House of Representatives Alan Cayetano had also sent a letter to the NTC urging the issuance of a provisional provisional license effective May 4. Cayetano, an ally of Duterte, had previously accused the network of “bias” against him during previous elections.
Even the NTC had also said it will allow ABS-CBN to continue operating while awaiting the new franchise, which Congress is expected to take once it returns from recess.
After the closure in the Philippines in mid-March due to the coronavirus health emergency, the NTC also said that all permits to operate and maintain the transmission, which expire within the quarantine period, will be automatically renewed.
The permit will be valid for 60 days from the end of the block, according to the NTC. Duterte has extended the blockade until May 15 in Metro Manila and some parts of the island of Luzón. It is unclear whether the order will be lifted or extended.
Dissenting Attorney General
However, in his statement on Sunday, Calida, the attorney general, insisted that the NTC has no power to issue any such license to ABS-CBN, citing provisions in the Philippine Constitution, which he says he gave to Congress ” exclusive powers. “
“Although this legislative power can be delegated to administrative agencies through a law, currently, there is no such law that gives the NTC or any other agency the power to grant franchises to transmission entities.”
A 2003 Philippine Supreme Court decision also ruled that the NTC cannot issue a provisional permit without the backing of the legislature.
Members of the National Union of Journalists of the Philippines (NUJP) demonstrate in support of press freedom, in front of the Supreme Court in Manila [File: Francis R Malasig/EPA]
Without the franchise, ABS-CBN now faces the possibility of having to stop broadcasting, and could even face a court that could order operations to stop. However, you could continue as a content provider.
Earlier this year, Calida had also caused anger when she filed a petition with the Supreme Court to completely invalidate the ABS-CBN license.
In a statement Sunday, the Philippine National Union of Journalists (NUJP) denounced Calida’s latest legal move.
“Is the government so blinded by its CEO’s hatred of an entity that dares to flaunt the collective sense of fair play, due process, and the common good of our nation when the entire country grapples with an infinitely more problem? pressing and dangerous, “NUJP said of the coronavirus blockade.
The executives of the media company, ABS-CBN, appeared before a Senate hearing in February to present their case in favor of the renewal of the company’s franchise. [Aaron Favila/AP Photo]
‘Tyrants want to control the press’
ABS-CBN is not the first media company to win Duterte’s ire.
His administration continues to investigate cases against the news website Rappler and its editor, Maria Ressa, after their extensive reports on their drug war and the role of their administration in spreading false news.
The country’s largest newspaper, Philippine Daily Inquirer, was also forced to sell an ally to the President, billionaire Ramon Ang, after Duterte threatened its owners with legal consequences. The newspaper also criticized the war on drugs. In the run-up to the 2016 election, he also reported on Duterte’s alleged hidden wealth.
“Tyrants always want to control the press, and Duterte is no exception,” said Fe Zamora, a veteran journalist who has covered several Philippine presidents.
“It has been successful to some degree, in the sense that the media, in general, have become timid. Government propaganda is sometimes reported as news without that critical and critical gaze.”
While the Duterte administration’s “lack of transparency” poses an obstacle to any journalist’s job, he said it should also serve as a challenge.
“But there is hope for some young journalists who continue to be soldiers despite threats and intimidation.”
At ABS-CBN, its more than 11,000 employees await any last-minute decisions from the Duterte administration, even though they also remain locked up.
Without commenting on the legal merits of the franchise renewal, Inday Espina-Varona, ABS-CBN editor and writer, told Al Jazeera that “any gag on any media entity or individual journalist, or group of journalists, is a coup against democracy. ” “
“Amidst the challenges, journalists will continue to struggle, they will continue to explore every platform to bring the news to our people.”
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