NTC Wants To Review Broadcast Block Time Deals

The National Telecommunications Commission (NTC) is going after block time agreements of radio and television broadcast stations, a move opposed by some stakeholders.

The NTC, in an order dated June 23 and signed by Commissioner Gamaliel Cordoba, directed all radio and television broadcast stations and entities to submit block time agreements for the agency’s approval prior to consummation or implementation of such deals.

The NTC said block time agreements should not be more than 50 percent of the daily airtime broadcast of the radio or television station.

“Authorized radio and television broadcast entities, its management and board of directors should be solidary liable with any violation committed by the block timer arising from the content or programs under the block time agreements,” the NTC said.

In a separate memorandum order, the NTC warned radio and television broadcast stations and entities against mergers, joint venture agreements, sale or any other commercial agreements on matters within the agency’s mandate and jurisdiction.

These include transfer of authority and sale or use of NTC-regulated equipment to those who have outstanding obligations to the national and local government units.

“For this purpose, the grantee should ensure that all parties it transacts or enters into agreements with obtain clearances to that effect from the appropriate government agencies, particularly the Department of Finance (Bureau of Internal Revenue and Bureau of Customs), National Telecommunications Commission and Securities and Exchange Commission,” the NTC said.

It said commercial agreements or arrangements on matters within its mandate and jurisdiction, along with the required clearances, should be submitted to the agency for approval prior to execution.

Michael Toledo, Metro Pacific Investments Corp. chief for government relations and public affairs, described the NTC order on block time agreements as “clearly unconstitutional and a form of prior restraint, censorship.”

“I think prudence dictates that this should be challenged. A motion for reconsideration filed before the NTC,” Toledo said in a statement.

“If NTC fails to reverse, then to the Supreme Court questioning its constitutionality,” he said.

Toledo said petitioners should be all media companies, outfits and organizations like the Kapisanan ng mga Brodkaster ng Pilipinas.

“I’m certain even the IBP will take interest since it infringes on a basic constitutional right enshrined in the Bill of Rights,” he said, referring to the Integrated Bar of the Philippines.

A network official, who requested anonymity, also expressed concern over the order.

The official told The Philippine STAR that the NTC memorandum order appears to be aimed at ABS-CBN Corp., the Lopez-owned broadcasting giant which was ordered by the NTC to cease radio and TV operations a little over two years ago.

ABS-CBN has undertaken a digital pivot as a content company following the cease-and-desist order issued by NTC on the company’s broadcast operations in May 2020, and the adoption of a resolution denying its franchise application by the House committee on legislative franchises on July of the same year.

Last month, ABS-CBN said it continued to explore more partnership opportunities to bring its content to a wider audience after its reach was significantly reduced following the loss of its franchise.

ABS-CBN was able to strike a deal with Zoe Broadcasting in October 2020, enabling some of its shows to return to free TV through A2Z Channel 11.

More ABS-CBN shows also made their comeback to free TV in January last year through TV5 following the Lopez-led firm’s collaboration with Cignal TV, TV5 and Brightlight Productions.

These partnerships with A2Z and TV5 have helped the company distribute its content to a wider audience.

ABS-CBN in April also signed a landmark deal with its main rival GMA Network Inc. to license some of Star Cinema’s most popular and well-loved movies for airing on GMA.

The historic deal opens up the potential for future partnerships and cooperation between the two rival networks.

Esperon stands firm

National Security Adviser (NSA) Hermogenes Esperon Jr. is firm on his decision to have the websites of online independent media organizations blocked for alleged links or for supporting communist rebels who are considered by the government and the military as terrorists.

“I am the national security adviser and I have access to so much intelligence. Sino ba nagpapatakbo niyan, hindi ba sila? Ang Communist Party of the Philippines o NPA?” Esperon said on OneNews on Monday night.

“Their content is not in the interest of giving true and correct information, but in the interest of propaganda and generating hatred against government,” Esperon said referring to Bulat-lat.com and Pinoy Weekly.

He said those questioning his decision asking the NTC to block certain websites believed linked with the Communist Party of the Philippines-New People’s Army-National Democratic Front of the Philippines (CPP-NPA-NDFP) could appeal the same or seek legal remedies.

Interior and Local Government Undersecretary Jonathan Malaya defended Esperon’s stance, saying the decision to block some online content has legal basis under the Anti-Terror Law.

Bulatlat.com legal counsel Josa Deinla clarified that the website is an alternative news organization that has been existent for decades.

“Ang kanilang ibinabalita ay ‘yung perspektiba ng mga marginalized at oppressed na sector,” Deinla said, adding the online news organization was not even properly notified of Esperon’s request to the NTC.

Esperon earlier asked the NTC to block 24 different websites allegedly linked to the CPP-NPA-NDF, saying the communists have established their presence online through their websites.

These websites, Esperon said, are being used to publish propaganda and misinformation campaign against the government, recruit new members and solicit funds from local and international sources.” – With Michael Punongbayan