SMNI seeks SC injunction vs NTC suspension order

MANILA, Philippines — Anchors and reporters from Sonshine Media Network International (SMNI) on Tuesday asked the Supreme Court (SC) to stop the National Telecommunications Commission (NTC) from implementing its order to suspend the network’s operations indefinitely.

SMNI and their counsel, former presidential Spokesperson Harry Roque, also asked the SC to stop the NTC from inquiring into the alleged legislative franchise violations of SMNI and scrutinizing the content of expressions aired over the network.

While the case is pending, SMNI asked SC to issue a temporary restraining order against the implementation of the NTC order.

Its 45-page petition challenges the indefinite suspension as a form of censorship lacking legal basis.

READ: SMNI disputes NTC’s suspension order as unconstitutional

They said the NTC orders adopted the resolution of the House of Representatives.

Based on the House resolution, SMNI violated the terms and conditions of its franchise, specifically the provision that prohibits the network from using its stations or facilities to propagate false information.

Principal author PBA Party-List Rep. Margarita Nograles was referring to claims made by Jeffrey Celiz, one of the hosts of SMNI’s “Laban Kasama ng Bayan,” that House Speaker Ferdinand Martin Romualdez’s travel expenses reached P1.8 billion.

READ: NTC orders SMNI to stop operations indefinitely

“The [NTC orders] are content-based restrictions on the operations of SMNI. They are directed to SMNI alone, and are based on findings from a previous investigation in which SMNI’s operations and the content of its broadcasts were scrutinized,” read the petition.

It added: “Regardless of any purported objective if the effect is to shut down the broadcast operations of SMNI…the assailed order must be scrutinized with a heavy presumption of unconstitutionality.”

Petitioners added that the NTC does not have the power to revoke an existing franchise. It pointed out that such a prerogative is reserved for the Solicitor General through a direct attack filed in court to cancel SMNI’s franchise.

It is noteworthy that SMNI’s franchise was previously suspended for 30 days by the NTC and later extended to an indefinite suspension. The reporters assert their rights in seeking judicial intervention to address what they perceive as undue restrictions on their freedom to report on matters of public interest.

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