Bulatlat.com claims NTC order to block access to news website is illegal, unconstitutional

Alipato Media Center Inc., publisher of news website Bulatlat.com, on Monday maintained in a court memo that the government's order blocking access to their website was illegal and unconstitutional.

"The NTC Memorandum dated 08 June 2022 is illegal for having been issued ultra vires; unconstitutional for being an outright violation of the constitutionally guaranteed freedom of the press and freedom of expression; and unconstitutional for violating the fundamental right to due process of law and constituting a usurpation of judicial powers," Alipato argued in its court memo.

Alipato Media Inc. argued further that the NTC was not hearing and determining questions of fact or performing in a judicial manner an act which was essentially of an executive or administrative nature when it issued the memo blocking access to Bulatlat.com.

"It (NTC) did not investigate facts or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them as basis for its official action and exercise of discretion in a judicial nature," it argued.

The media entity further added that the NTC's mandate, as stated under Executive Order 546 (creation of NTC), is "to establish and prescribe rules, regulations, standards and specifications in all cases related to the issued Certificate of Public Convenience, promulgate rules and regulations as public safety and interest may require, and supervise and inspect the operation of radio stations and telecommunications facilities."

"Nowhere is the said rule-making power also given in other statutes, such as RA 10175 or the 'Cybercrime Prevention Act of 2012,' RA 10168 or the 'Terrorist Financing Prevention and Suppression Act of 2012' and RA 11479 or the 'Anti-Terrorism Act of 2020'; hence Plaintiff’s contention that the [blocking order] is ultra vires and illegal," Alipato Media, Inc. said.

A June 8 National Telecommunications Commission memo ordered that access to at least 25 websites be blocked based on a June 6, 2022 request made by the then National Security Adviser Hermogenes Esperon.

Esperon linked the websites to terrorism groups, if not terror activities.

Civil action for nullification

Alipato Media Center Inc. argued further in their memo that the ordinary action for a court nullification was the proper remedy for the NTC blocking order..

"All of these matters are the proper subject of an ordinary civil action for nullification of an illegal and unconstitutional act," it added.

Alipato Media, Inc. also argued that the NTC cannot dismiss Esperon's June 6 request at its discretion because Esperon made the move not in his capacity as the Vice-Chairperson of the ATC but as head of the National Security Council (NSC).

"It should be stressed that Defendant NSC is impleaded as a party to this case, without regard to whoever is sitting at its helm or as Director General, having been the office that requested the issuance of 'legal instruments' to block access to the Plaintiff’s website," it added. — DVM, GMA News