The shutting down of the Lopez owned
television network ABS-CBN by virtue of a cease and desist order issued by the National
Telecommunications Commission (NTC) is but an effect of the expiration of its
legislative franchise.
Supporters of the tv station and the
opposition is making it that this is a direct attack on the freedom of the
press, a point that is very far from the truth.
This,
according to Southern Luzon Command chief, Lt. Gen. Antonio Parlade, Jr., in
reaction to Amnesty International (AI) Philippines Section Director Butch Olano's
statement that "ordering ABS-CBN to stop its operations is an
outrageous attack on media freedom".
(photo credit to owner) |
"What
martial law are you talking about? Press freedom in the country is very much
alive," Parlade said in response to Olano's claim that it "is a dark
day for media freedom in the Philippines, reminiscent of martial law when the
dictatorship seized control over news agencies".
Parlade
said such claims are "non-sequitur" as the Lopez-owned ABS-CBN issue is
simply the regulation of a franchise that is a prerogative of the State and
enshrined in the 1987 Constitution.
"Granting
a franchise is the exercise of the sovereign power of a state to allow the use
of sovereign assets for an assigned period of time. In the case of ABS-CBN,
these sovereign assets are frequencies assigned to it for use in its broadcast
businesses. The franchise is a usufruct(usage) right and since it is a
right to use, regulation and accompanying rules to prevent abuse comes as a
matter of course," he said in a statement
"Since
a franchise is a privilege and is not a right when the term for the granted
franchise expires, it is the prerogative of the State to renew or not renew
such franchise," he said.
Parlade points out that despite
the NTC's cease-and-desist order (CDO) against ABS-CBN, other reputable Philippine television
channels and media outfits are still operating, he added.
"Has
NTC stopped the operation of GMA-7, Channel 5, CNN Philippines, and other TV
stations? (No one has) stopped PDI (Philippine Daily Inquirer), Philippine
Star, and any other print media (from operating). Your communist allies and
writers in the print media are still writing their pieces. Our favorite
stations are still on air. So what suppression of press freedom are you talking
about?" he said.
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Report from PNA
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