Metro Manila (CNN Philippines, October 12) — A Quezon City court has denied a motion for reconsideration filed by the National Telecommunications Commission (NTC) and ex-National Security Adviser Hermogenes Esperon seeking to reverse a preliminary injunction allowing the unblocking of Bulatlat’s website.
“The Court sees no compelling ground to reverse its finding that the plaintiff was able to sufficiently establish all the requisites for the issuance of a preliminary injunction. It is undisputed that plaintiff, being the owner of bulatlat.com, an online media outfit, has the right to freedom of speech and of the press. These rights, however, were violated when its website, among others, was ordered blocked by public defendant NTC through the Memorandum it issued on June 8, 2022,” QC Regional Trial Court Branch 306 said in its Oct. 10 decision.
The NTC’s memorandum was issued upon the request of Esperon to prohibit access to websites accused of having links to communist groups designated by the state as terrorists.
Bulatlat filed for a temporary restraining order and writ of preliminary injunction against the NTC memorandum opposing the decision and stressed it was not affiliated with the Communist Party of the Philippines-New People’s Army-National Democratic Front. The TRO was not issued because the presiding judge and the other members of the court were still able to access the news website.
In a statement posted on their Facebook page, the Bulatlat staff thanked Prado “for upholding our right to press freedom,” as well as their lawyers and those who stood by them.
“Amid the recent attacks on the Philippine media, this initial victory is a reaffirmation that journalism is vital in a democracy,” they added.
In August, Judge Dolly Rose Bolante-Prado of QC RTC 306 granted Bulatlat’s plea for a preliminary injunction against the memorandum, saying there was “evidently” a violation or curtailment of Bulatlat’s right to free speech and of the freedom of the press when access to its website was limited.
In its decision, the court further states the June 8 memorandum directed local ISPs to block websites supposedly linked or affiliated with communist groups the government deemed as terrorists.
“To recall, the instant action is for the nullification of the said Memorandum for being ultra vires and for violating the plaintiff’s Constitutional rights to freedom of speech and of the press. Pending the determination of whether the Memorandum is null and void, the plaintiff asked for an injunction enjoining public defendant NTC from enforcing the same,” it said.
The court added its decision to issue the preliminary injunction was right.
“Beyond cursory interpretations, what is actually sought to be restrained here is the blocking of the website of bulatlat.com after a directive that continues until an injunction is issued by the Court. As the said directive continues to be enforced, the issuance of a preliminary prohibitory injunction restraining the NTC from enforcing the same, insofar as bulatlat.com, is concerned is proper,” it said.
“It is the directive or instruction to block, a continuing act, and not the issuance, which is sought to be enjoined. The issuance is merely the manner of making known to the ISPs the directive which is to be carried out,” it added.
