Court junks NTC memo blocking 27 websites

MANILA, Philippines — A Quezon City court has nullified a 2022 memorandum issued by the National Telecommunications Commission (NTC) that directed internet service providers to block access to 27 websites, including those operated by two alternative media organizations.

In a 23-page decision dated Nov. 18 and released on Tuesday night, Quezon City Regional Trial Court Branch 104 Judge Catherine Manondon granted the complaint for nullification filed by Alipato Media Center against the NTC and former national security adviser Hermogenes Esperon Jr.

Alipato, publisher of alternative media organization Bulatlat, challenged the legality of the NTC memorandum, which was issued upon the request of Esperon.

The memorandum claimed that the websites, including that of Bulatlat and Pinoy Weekly, another alternative media outfit, were allegedly “found to be affiliated with and supporting terrorist organizations.”

Esperon, then a member of the Anti-Terrorism Council, used the Anti-Terrorism Act of 2020 to justify his request for the NTC to direct the blocking of the websites.

The media outfits denied the allegation.

In its ruling, the court said the NTC memorandum violates the constitutional guarantees to the freedoms of the press, speech and expression as it is a form of “prior restraint.”

“In this case, the defendants failed to demonstrate the existence of any clear and present danger that would justify the blocking of the websites. No competent proof was presented to show that plaintiff’s publication or operation posed an imminent threat to national security or public order,” the ruling stated.

The judge, however, denied Alipato’s request for exemplary damages in the amount of P1, saying damages may only be imposed “when the defendants acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.”

“In this case, there is no showing that defendants Esperon and the NSC acted with malice or ill will when the letter was issued, which subsequently prompted the NTC to issue the memorandum,” the court said.