The 30-day suspension of television channel Sonshine Media Network International, or SMNI, is "patently unconstitutional," former presidential spokesperson Salvador Panelo said Saturday.
Panelo, also former president Rodrigo Duterte's chief legal counsel, lashed at the National Telecommunications Commission's imposition of sanction against the network, which he noted did not go through due process.
"The order of the NTC suspending the operations of SMNI for 30 days pending investigation by it for certain alleged violations of its franchise is patently unconstitutional for having been issued without due process being given to SMNI," he said in a statement.
The sanction, he said, is a "brazen assault on the freedom of the press and creates a chilling effect on all other broadcasting networks."
He added that the NTC's move "seals the lips of SMNI to perform its function to disseminate information and news to the public and transgresses the rights of the program hosts and anchors to express themselves in their chosen platform."
"It likewise curtails the right of the people to information on their preferred communication network," he said.
Panelo scored the NTC for "violating its own created implementing rules and regulations in that the suspension order was made without the required consequent serious and irreparable damage or inconvenience to the public and private interests should it not issue the cease operations order."
He said the NTC blatantly abuses its regulatory power "that is outrageously abhorrent and constitutionally obnoxious and impermissible."
Freedom of speech
Meanwhile, former president Duterte said the Movie and Television Review and Classification Board's order suspending his "Gikan sa Masa, Para sa Masa" program aired over the SMNI channel violated his constitutional rights.
"One, you have to be in gross violation of my constitutional right to free expression. Second, of course, is the outfit I'm using as a platform for violation of press freedom," Duterte said over the weekend.
MTRCB's suspension of his program is "censorship," Duterte added.
"In my view, the suppression of your right to exercise this freedom cannot be subject to preliminary or permanent status. That shouldn't be allowed. The right to free expression is absolute to me. That is how I understood it," Duterte stressed.
He added: "So, to me, to that extent or to the full time you are not allowed to talk, it is a derogation of your right, of your constitutional right to free speech and free expression."
The suspension came after CT Partylist Rep. France Castro filed a grave threat complaint before the Quezon City Prosecutor's Office against Duterte.
In her complaint, Castro claimed Duterte made insinuations relating her to the communist armed group "without any proof," which "gravely threatened her life, liberty, and security."
Duterte dismissed Castro's allegation: "It is pure speculation, if not altogether improbable or manifestly absurd, to suppose that any of the essential elements of the crime charges against me are present as to warrant the filing of an information in court."