Metro Manila (CNN Philippines, December 28) — Sonshine Media Network International (SMNI) on Thursday asked the Court of Appeals to stop the National Telecommunications Commission (NTC) from implementing its 30-day suspension order, which took effect last week.
SMNI lawyers Mark Tolentino and Rolex Suplico filed the petition for certiorari, prohibition, mandamus with prayer for injunction or temporary restraining order against the suspension order issued by the NTC on Dec. 19.
This sought to stop the implementation and to nullify the NTC directive, allowing SMNI — otherwise known as Swara Sug Media Corporation — to continue its operations.
According to the lawyers, the NTC violated SMNI’s right to due process by ordering its immediate suspension allegedly without giving the network an opportunity to refute the allegations against it.
The NTC also supposedly compromised its independence as a quasi-judicial body by heeding the House’s recommendation for SMNI’s suspension.
“Respondent NTC is an independent agency under the executive branch of government, specifically under the Department of Information and Communication. Hence, it cannot be dictated on by Congress without violating the principle of separation of powers,” the petition read.
Citing franchise violations, including the alleged dissemination of false information, NTC ordered SMNI off the air for 30 days.
“Dalawang programa lang sa SMNI ang inireklamo — ‘yung Gikan sa Masa at Laban Kasama ang Bayan. Bakit ang buong network ang pinarusahan?” Suplico said.
[Translation: Only two SMNI programs were the subject of complaints – “Gikan sa Masa” and “Laban Kasama ang Bayan.” Why is the whole network being penalized?]
Despite SMNI’s suspension, Tolentino said the network’s operations are ongoing on other platforms.
“TV and radio ang nawala [TV and radio operations were suspended],” the lawyer said. “Yung social media nandyan pa rin and other platform tuloy pa rin [But operations on social media and other platforms continue].”
NTC has set an administrative hearing on SMNI’s suspension on Jan. 4, 2024.
