ABS-CBN, GMA-7 ask Congress to repeal provision allowing gov’t takeover

The country’s two big television networks have asked Congress to repeal a provision in their franchises that allows the President to order the takeover of the stations under special circumstances.

During a hearing conducted by the Senate committees on justice and human rights and public services, representatives of television networks ABS-CBN and GMA-7 urged Congress to repeal the provision in light of what took place during the recent imposition of Proclamation 1017 and General Order No. 5.

The provision referred to by the Senate committees and the networks pertains to the "Right of Government" section that applies to all television franchises granted by Congress over the last 15 years.

Under Section 5 of the networks’ franchise agreement, the President is given the power to take over and operate television stations in times of rebellion, public peril, calamity, emergency, disaster or disturbance of peace and order.

This provision was the committees’ point of focus in anticipation of possible takeovers of media entities by the government following events that took place after President Arroyo declared a state of national emergency last Feb. 24.

Malacañang, however, was unfazed by the petition filed by media organizations and journalists asking the Court of Appeals (CA) to stop administration officials from muzzling the press.

Press Secretary Ignacio Bunye said the fact that media groups were allowed to file a petition before the CA only showed that democracy still "reigns" in the country.

Executive Secretary Eduardo Ermita, Justice Secretary Raul Gonzalez, Philippine National Police chief Director General Arturo Lomibao and National Telecommunications Commission (NTC) chairman Ronald Solis were named as respondents to the petition filed by the Philippine Press Institute (PPI), National Union of Journalists of the Philippines (NUJP), Center for Media Freedom and Responsibility (CMFR), the Philippine Center for Investigative Journalism (PCIJ), Newsbreak magazine, Probe Productions, Center for Community Journalism and Development (CCJD) and ABS-CBN News and Public Affairs.

Other petitioners include ABS-CBN News and Current Affairs Group head Maria Ressa, GMA-7 vice president for news and news director Jessica Soho, ABC-5 vice president for operations Ed Lingao, Arnold Clavio of GMA-7 and dzBB, Pia Hontiveros of ABS-CBN Broadcasting Network and ABS-CBN News Channel (ANC), Ricky Carandang of ANC; Maritess Vitug of Newsbreak and Sheila Coronel of PCIJ.

They asked the CA to prohibit the respondents from "imposing any form of content-based prior restraint on the press, be it formal or informal, direct or in the form of disguised or thinly veiled threats of administrative sanction or criminal prosecution."

The petitioners said "only a court, with its accompanying due process safeguards, may impose content-based prior restraints, when the grounds therefore are duly proved."

The petitioners asked the court to immediately issue a "certiorari and prohibition with application of a Temporary Restraining Order and Preliminary Injunction" against the respondents as well as to nullify NTC circulars that were vague and left "virtually unlimited discretion" to those administering the regulation.

Bunye said the government was protecting the public interest when it moved to stop what Palace and police officials said were seditious reports by newspapers and broadcast stations critical of the Arroyo administration.

"We welcome the move of media groups to bring this issue to the courts so that it can be engaged in an atmosphere of reason and sobriety," Bunye said. "The government will defend its position on solid operational and legal grounds and we believe that we will be sustained."

He said the government recognizes that a responsible media is "a force for freedom and a partner in reform."

Possible franchise revocations

The Senate inquiry focused on the meeting called by the NTC with members of the Kapisanan ng mga Broadcasters ng Pilipinas (KBP) to discuss the possible revocation of franchises or takeovers of media companies that engage in biased reporting or publication of material affecting national security; the imposition of a 6 p.m. curfew on the Malacañang press corps; the raid conducted on the Daily Tribune offices; and the posting of armed troops outside the premises of major television networks.

Sen. Joker Arroyo said the President could issue another state of national emergency declaration and invoke GO No. 5 at any time and subsequently order the takeover of broadcast media entities using the questioned franchise provision.

"The President cannot exercise that power on her say-so. There has to be a process. In other words, the President cannot arbitrarily say ‘I order the takeover of Channels 2, 5, 7,’ etc.," he added. — With Paolo Romero, Jose Rodel Clapano