Robin, Imee hit ‘lack of due process’ in NTC’s suspension of SMNI

Senators Robin Padilla and Imee Marcos hit the National Telecommunications Commission (NTC) over the supposed lack of due process on the 30-day suspension against Sonshine Media Network International (SMNI).

"The NTC, in its show cause and suspension order, failed to indicate the need to suspend the operations of the SMNI, much more express how this is necessary to avoid serious and irreparable damage or inconvenience to the public or to private interests," Padilla, chairman of Senate committee on public information and mass media, said.

"The baseless issuance of a 30-day suspension order is a transgression of SMNI's right to due process, which will result in serious and irreparable damage to it and its employees no less," he added.

Padilla argued that while the NTC has the power to suspend or revoke any certificate issued when the holder violated any of its regulation or any provision of Republic Act 11659 or the Public Service Act, a proviso in the same law states that the NTC may suspend for up to 30 days “to avoid serious and irreparable damage or inconvenience to the public or to private interests.”

"In the absence of proof of serious and irreparable damage or inconvenience to the public or private interests that may be caused by SMNI's continued operations, the general rule shall apply wherein the NTC shall have the power, upon proper notice and hearing, to issue a suspension order pursuant to the Public Services Act," he added.

He also noted that even the Supreme Court had ruled in 2008 that administrative proceedings are not exempt from basic and fundamental procedural principles, such as the right to due process in investigations and hearings.

Marcos also hit the commission’s latest decision, saying the right to due process and the freedom of the press “have not been adhered to in the NTC’s decision to suspend SMNI’s operations.”

“It is incumbent upon the NTC to be very judicious in suspending entire operations of media entities, as such actions will have a chilling effect on press freedom. There is nothing prudent in NTC's action today,” she said.

GMA News Online has reached out to NTC Commissioner Ella Blanca Lopez via email for comment but she has yet to respond as of posting time.

Marcos also hinted of individuals who are being “afraid” of SMNI, implying that these individuals are behind the suspension of the media entity’s operations.

“Who's afraid of SMNI? Why must we shut down all those who do not agree with us, not even allowing the chance to explain first? How could the NTC issue a show-cause order but simultaneously hand down a 30-day suspension? Amazing!” Marcos said.

“Are we afraid that SMNI may be right? Are we afraid of the truth?” she asked.

On Thursday, the NTC announced the suspension of SMNI operations over the reported violation of the terms and conditions of its franchise.

The network has been given 15 days from receipt of the order to show cause and explain in writing why it should not be administratively sanctioned.

The NTC said it “took cognizance of the House of Representatives’ declaration… that Swara Sug has violated at least three specific provisions of its legislative franchise, and gave due deference to such determination of the House of Representatives and its authority.” 

This comes as the commission on Dec. 12, 2023 received a copy of a resolution from the House of Representatives citing three violations allegedly made by SMNI — deliberately disseminating false information, the transfer of shares without prior Congressional approval, and failure to offer at least 30% of its outstanding stock.

The resolution and the subsequent congressional inquiry on SMNI operations by the House legislative franchises panel were triggered by a privilege speech of Quezon Representative Jayjay Suarez that called out SMNI program hosts Jeffrey "Ka Eric" Celiz and Lorraine Badoy who claimed Speaker Martin Romualdez had P1.8 billion worth of travel fund during a broadcast.

During the congressional inquiry on SMNI operations, Celiz admitted that his source of information over Romualdez’ alleged travel fund was wrong.

Prior to the suspension, the Movie and Television Review and Classification Board (MTRCB) suspended two SMNI programs, Gikan sa Masa, Para sa Masa and Laban Kasama ang Bayan, for 14 days starting Dec. 18, 2023.

The MTRCB said the programs violated established guidelines and standards governing broadcasting content, after the broadcast of Romualdez’s alleged P1.8-billion travel funds, and former President Rodrigo Duterte’s profanities and threats to kill opposition lawmaker House Deputy Minority Leader France Castro.

The SMNI franchise under the Swara Sug Media Corp. is currently under a congressional probe, as lawmakers allege that SMNI had peddled fake news against public officials. A bill seeking to revoke its franchise will be deliberated on in January 2024.—AOL, GMA Integrated News