MANILA – Television broadcast giant ABS-CBN Corp insisted that the Office of the Solicitor General’s (OSG) gag order motion against the network was not only violation of press freedom but also as deprivation of the public of a vital source of information.
In their response to OSG’s motion, the ABS-CBN and ABS-CBN Convergence, Inc. said the sub judice rule should not be applied “to impair, through prior restraint, the fundamental freedoms of speech and of the press that serve as bedrocks of a democratic society.”
The OSG earlier pleaded before the high court to issue a gag order against the media network, its subsidiary and “persons acting on their behalf” in connection with the quo warranto petition against them.
Solicitor General Jose Calida invoked the sub judice rule prohibiting parties from discussing the merits of the case while a case pending in court in asking for a gag order.
“The sub judice rule was not intended to prohibit any discussion of any matter covered by a pending judicial proceeding,” the network’s response said. “It was created for a limited purpose—to prevent interference with, obstruction or impediment to the administration of justice and the erosion of the public’s trust in the justice system.”
Calida’s contention said that ABS-CBN engages in propaganda by publishing videos and reports allegedly tending to “influence public opinion and unfairly encourage pre-judgment of the case.”
“To presume that the Members of the Honorable Court would be unable to render impartial judgment merely because of public discussion of the issues involved in the Petition is to diminish their intelligence, experience and independent thought,” ABS CBN said.
“A gag order is a form of prior restraint – an official governmental restriction in advance of actual publication and dissemination – that violates freedom of expression and of the press,” it added.
Prior restraint, the network argued, is only allowed in 4 instances: pornography, false or misleading advertisement, advocacy of imminent lawless action and danger to national security, none of which were present in ABS-CBN’s reports.
“And because what is being regulated is the content of the speech itself, the network said the gag order bears a heavy presumption of invalidity, which could only be countered by showing that there is a clear and present danger of an evil sought to be avoided,” the network said.
“The Republic failed to show how the subject publications create a clear and present danger of impairing the proceedings before this Honorable Court…No danger is, however, apparent from a mere perusal of the publications,” it added.
ABS-CBN also said the gag order the OSG is asking from the high court is vague and overbroad as it is not clear who will be covered by the gag order because the “Republic,” in whose behalf the OSG brought the petition, includes the Filipino people.
“Will the gag order apply to the entire Filipino people? The government is part of the Republic. Will all government officials and employees be covered by the gag order?” it asked.
“’Persons acting on their behalf’ is also vague. Would anyone making public statements in favor or against a party be acting on their behalf?” the broadcast company said.
ABS-CBN added the gag order bans all forms of discussion on the merits of the case which would create a chilling effect because the ordinary person would not know if the speech is not allowed by gag order.
It added that the gag order will be difficult to impose not only in terms of monitoring statements but also because its employees have the right to speak.
ABS-CBN also denied Calida’s allegation that the network is engaging in propaganda by publishing commentaries in its favor.
“Indeed, the constitutional right to information on matters of public concern would be meaningless unless the people are given access to information that is comprehensible,” it said.
“An information is only as useful as it can be understood. This is especially true in cases involving complex legal issues,” it added.
“The Republic recognizes ABS-CBN as one of the biggest broadcasting companies in the Philippines. Thus, a gag order against ABS-CBN would be a huge disservice to the Filipino people as it would deprive them of a vital source of information on a matter of ‘transcendental importance,’” the network said./PN
