‘NTC Guilty of Prior Restraint’ – NUJP

For the National Telecommunications Commission (NTC), there is nothing wrong with issuing guidelines in covering political events in crisis situations. This has been done in the past, so Memorandum Circular No. 1-3-2006 is nothing new as far as the NTC is concerned. The recent NTC memorandum, however, has generated much flak from media practitioners, calling it a form of prior restraint.

BY ALEXANDER MARTIN REMOLLINO
Bulatlat

Is this content-based prior restraint by the government already?

The National Telecommunications Commission (NTC)’s Memorandum Circular No. 1-3-2006 states that radio and television stations should not report on sensitive issues during times of crisis.

To be specific, the memorandum’s fifth paragraph states that the NTC supports the strict injunction of the Kapisanan ng mga Broadkaster ng Pilipinas (KBP, Association of Broadcasters of the Philippines) for broadcast stations “not to allow their facilities to be used for advocating the overthrow of government by force or violence, and to not allow the broadcast of materials which tend to propose/incite treason, rebellion, sedition, or pose a clear and present danger to the State.” This was issued on March 3, the same day that President Gloria Macapagal-Arroyo lifted Proclamation No. 1017 which declared a state of national emergency.

Macapagal-Arroyo issued Proclamation No. 1017 on February 24, citing an alleged conspiracy between the “extreme left” represented by the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) and the “extreme right” represented by “military adventurists.” She also issued General Order No. 5 which directs the police and military to immediately carry out necessary and appropriate measures to prevent terrorism and lawless violence.

Media agencies have been subjected to heightened government monitoring since Proclamation No. 1017 took effect. According to the producers of the defunct radio program Ngayon Na, Bayan! which used to air on DZRJ, the government had a hand in its cancellation last Feb. 24. The police raided the office of The Daily Tribune and tried to raid that of the tabloid Abante. Police officers were also deployed to supposedly guard some media offices including GMA 7 and the Catholic church-operated Radyo Veritas.

Despite the lifting of Proclamation No. 1017, the harassment and intimidation of journalists continue. Justice Secretary Raul Gonzales said that the PCIJ could be charged with inciting to sedition for posting last year on its website copies of the so-called “Hello Garci” tapes, in which a woman with a voice similar to Macapagal-Arroyo’s is heard instructing a poll official to rig the 2004 presidential election. He said that five PCIJ members are being closely watched by the government. Presidential Chief of Staff Mike Defensor was also quoted as saying that two other journalists could be charged with inciting to sedition.

NTC Deputy Commissioner Jorge Sarmiento said Memorandum Circular No. 1-3-2006 merely reiterates existing memorandum circulars, namely Memorandum Circulars No. 11-12-85 and 22-89. “1985 and 1989 were coup d ‘etat times,” Sarmiento said. He admitted that the issuance of Memorandum Circular No. 1-3-2006 is related to Proclamation No. 1017.

The broad united front against the Marcos dictatorship grew in 1983 following the assassination of former senator Benigno Aquino Jr., a leading opposition figure. The year 1985 saw many of the biggest anti-Marcos actions, which included several waves of Lakbayan (literally, long march) and welgang bayan (people’s strike). On the other hand, the bloodiest attempted coup d’etat happened in December 1989 when renegade soldiers led by then Col. Gregorio Honasan tried to seize power.

Sarmiento said that after the issuance of Proclamation No. 1017, the NTC called for a series of dialogues with broadcast stations to explore areas of cooperation in relation to the continued enforcement of Memorandum Circular Nos. 11-12-85 and 22-89. “The said memorandum circulars have provisions prohibiting false information, false observations and these were reiterated.”

Asked if Memorandum Circular No. 1-3-2006 is a prohibition on interviews with personalities and groups calling for the removal of the existing government, Sarmiento said it is not. “The new memorandum circular acknowledges the program standards of the Kapisanan ng mga Brodkaster ng Pilipinas (KBP or Association of Broadcasters of the Philippines) and when the NTC issues circulars, they circulate these also. You can still interview rebels, or fugitives, but they have guidelines on how to do it, and we are adopting these. But when complaints are filed against you before us, we can forward these to the KBP and it would be up to them to take the necessary actions.”

However, Carlos H. Conde, secretary-general of the National Union of Journalists of the Philippines (NUJP), disagreed with Sarmiento.

“(The fifth) paragraph (of NTC Memorandum Circular No. 1-3-2006) clearly disallows broadcast networks from airing anything coming from groups who want to get rid of the administration,” Conde said. “The danger here is that any group that has legitimate views against the government can easily be subjected to this prohibition.”

“I am willing to concede that, if there’s an actual conflict, the government could step in,” Conde added. “But what’s happening is an obvious attempt by the government to muzzle all criticism by using rebellion as a justification. If their only concern is the plot to overthrow the government, why go after the PCIJ (Philippine Center for Investigative Journalism) or other media groups?”

Conde also took issue with Sarmiento’s view that Memorandum Circular No. 1-3-2006 does not impose prior restraint on broadcast stations. “It prohibits networks from airing materials that the NTC deems inimical to the interest of the government,” he stressed. “That is prior restraint.”

Conde also said Memorandum Circular No. 1-3-2006 could lead to more broadcast journalists suffering the fate of TV reporters Tina Panganiban-Perez and Julius Babao. “The government can easily invoke this memo anytime it pleases against broadcasters,” he said.

Panganiban-Perez was accused by Macapagal-Arroyo of “abetting rebellion” for interviewing Honasan in 2003, shortly after about 300 junior military officers took control of the Oakwood Hotel in Makati City. Honasan was accused of involvement in the said mutiny.

Meanwhile, Babao was accused by the AFP of aiding suspected terrorist Dawud Santos, leader of the Rajah Sulayman Movement which has admitted perpetrating the so-called “Valentine’s Day bombings” of 2005. Bulatlat

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