Bulatlat asks QC court to hold NTC for indirect contempt
The National Telecommunications Commission (NTC) has ordered internet service providers to block several websites, including those of independent media, “found to be affiliated to and are supporting terrorist and terrorist organizations.”
MANILA, Philippines — The Quezon City Regional Trial Court (RTC) was asked to cite the National Telecommunications Commission (NTC) in indirect contempt of court for not following an injunction ordering internet service providers to lift the order blocking Bulatlat news website.
On August 11, the Quezon City RTC issued a writ of injunction against implementing NTC’s memorandum order blocking Bulatlat.com. The court order that it posts P100,000 bond to answer for the possible damages that may be incurred if blocking the website is lifted.
Alipato Media Center, owner of bulatlat.com on August 15 posted the injunction bond. Then, the writ of injunction was issued. It was then served to NTC on August 18.
However, to date, NTC has not issued any order to stop the blocking of Bulatlat.
“Despite due service of the writ, the respondent (NTC) defied, and continues to defy, the Writ of Preliminary Injunction, wherein it was enjoined to discontinue the implementation of its Memorandum dated June 8, 2022,” Alipato Media Center through the National Union of Peoples’ Lawyers (NUPL) 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 said.
It added that “the 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.”
On June 6, then-National Security Adviser Hermogenes Esperon sent a letter to NTC Commissioner Gamaliel Cordoba requesting that it order internet service providers in the country to block access to 26 websites that are “affiliated to and are supporting” designated terrorists and terrorist groups.
Two days later, the NTC issued the memorandum to all ISPs in the country to “immediately block” the websites.
NUPL said the NTC order has no basis in law.
“Nowhere in the Anti-Terrorism Act (ATA) of 2020 has the NTC, the National Security Adviser, the National Security Council or the Anti-Terrorism Council been given the power to block cybertraffic nor content data more so if based on reckless suspicions of terrorist activities nor due to conclusory claims of alleged affiliations with designated individuals or groups,” NUPLC said.
It added that even the Cybercrime Prevention Act of 2012 does not permit such state action.
