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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