Jurisprudence Shaping Digital Rights in Southeast Asia of ABS-CBN Corporation vs. National Telecommunications Commission (2020)24 licensing schemes were used against the broadcasting company, resulting in the closure of the operations of ABSCBN. In the Philippines, Congress holds the authority to grant a licence or renew franchises of broadcasting institutions operating in the country. The company’s broadcasting licence expired in May 2020, and as a result, the company was forced by Congress to stop its broadcasts. ABS-CBN argued that the cease and desist from operating order violated the rights to public information, freedom of speech, and freedom of the press, especially during an emergency relating to public health. The Company sought a temporary restraining order to prevent termination. Alipato Media Center Inc. vs. the National Telecommunication Commission (NTC).25 The government requested that the NTC block 20 websites for allegedly violating the Anti-Terror Act 202026, which included Bulatlat, an alternative online media outlet. Responding to the request, the NTC issued a Temporary Restraining Order (TRO), directing all ISPs to block website access in June 2020. Bulatlat challenged the order by filing a petition to Quezon City Regional Trial branch 306 (QCRTC) for granting the writ of preliminary injunction to suspend the NTC blocking.27 The Quezon Court judge considered that Bulatlat has clear and unmistakable rights to freedom of speech and freedom of the press. These rights include publishing opinions, comments, and other information and imparting, circulating, and disseminating them. This right is recognised and protected by the Constitution; thus, a preliminary injunction was deemed necessary to prevent irreparable injury to the applicant. The court decision showed a different approach from the previous ABS-CBN case, which acknowledged that a violation of rights had occurred without providing effective remedy. The court acknowledged a due process violation noting that ABS-CBN should have been given the right to be heard and found that press freedom and the right to public information were violated in this instance. However, the court limited itself by stating that its decision in the case resulted in practically no assistance to ABS-CBN as issuance of licences are solely the prerogative of the legislators. In another instance, the Supreme Court of the Philippines struck down the authority of the Department of Justice to restrict or block access to suspected computer data as contained in Article 19 In another instance, a court in the Philippines stepped up and thwarted illegal state action carried out by the National Telecommunication Committee (NTC) in ABS-CBN Corporation Vs. National Telecommunications Commission, [ G.R. No. 252119, August 25, 2020 ], https:// lawphil.net/judjuris/juri2020/aug2020/gr_252119_2020.html 25 Alipato Media Center Inc. Vs. National Telecommunication Commission, Civil Case no R-QZN-22-07130, https:// twitter.com/bulatlat/status/1559477371970863109/photo/1 26 See https://www.doj.gov.ph/files/2020/news%20articles/IRR%20ATA%202020%20-%20CTC.PDF 27 See Jairo Baledo, QC Court order NTC to unblock Bulatlat’s website, Rappler, 11/8/2022 https://www.rappler.com/ nation/quezon-city-court-orders-ntc-unblock-bulatlat-website/ 24 13

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