Solicitor General Jose Calida today showed that he means business, asking the Supreme Court (SC) to issue a gag order against ABS-CBN, which he claims has been engaged in a propaganda campaign against his office.
He said that ABS-CBN had run several stories that he described as “a clear attempt to elicit public sympathy, sway public opinion, and, ultimately, to influence the resolution” of the petition he filed before the same court last week, which sought to declare the media company’s franchise void, GMA News reports. According to him, by broadcasting the stories, ABS-CBN violated the sub judice rule, which prevents parties from commenting on an ongoing case.
Read: Cayetano accuses ABS-CBN of ‘deception,’ but insists license row not a free speech issue
One story cited by Calida was a report narrated by host Christian Esguerra that first aired on Feb. 14, and discussed the petition against the media giant, according CNN Philippines. Another was an interview with students, which Calida claimed was intended to elicit “biased answers in favor of ABS-CBN Corporation.” He also complained about several commentaries published on ABS-CBN News, as well as an article quoting celebrities who expressed support for the company.
He maintained stories would “influence public opinion and unfairly encourage the pre-judgment of the instant case.”
Calida also called out press releases issued by ABS-CBN in which they denied the solicitor general’s claims that they had broken the law. Calida also complained about a separate statement in which ABS-CBN said that it had no unpaid taxes outstanding, again, contrary Calida’s own claims.
“[T]his Honorable Court must issue an order prohibiting the parties and persons acting on their behalf from releasing any statements discussing the merits of the subject petition,” Calida said in his plea to the court.
“Any grievances must be ventilated through the proper petitions, motions, or other pleadings before the courts,” he continued. “Our courts must be able to conduct their business in an orderly manner free from outside interference and influence.”
Read: House Speaker Cayetano says he has ‘personal objections’ to ABS-CBN franchise renewal
The Solicitor General seeks to have ABS-CBN’s franchise terminated and its pay-per-view sister station suspended over allegations it violated the terms set by Congress when it granted its license in 1995. Calida maintains that ABS-CBN issued Philippine Depositary Receipts (PDRs) to foreigners in violation of constitutional regulations on foreign ownership of media companies. The network, however, has said that the PDRs were vetted and deemed appropriate by regulators at the time.
The Duterte administration and its allies have publicly and repeatedly called for the network’s blood in recent months, following the lead of the president himself, who accuses the network of failing to air his campaign ads. Just yesterday, Duterte ally and House Speaker Alan Peter Cayetano, who controls whether the network’s franchise renewal hearing will be held at all, released a lengthy, florid statement yesterday accusing the network of “deception.”
Meanwhile, in a press briefing today, presidential spokesman Salvador Panelo said he supported Calida’s request for a gag order, while unconvincingly claiming that President Rodrigo Duterte isn’t out to get ABS-CBN’s franchise terminated (despite the fact that the president has publicly declared, on multiple occasions, that he would do just that).
“There is so much emotion [involved] on this particular topic. It’s much ado about nothing, it’s not about press freedom,” he said.
“He [Duterte] will not use his office to stop ABS-CBN from continuing with its service. That’s for Congress to decide, not for him,” Panelo added.
