Attacking Media Freedom in the philippines president. Takes legal action to shut down the knowledge is t. V. Network which is also his fierce critics journalists accuse him of dictatorship so what now for freedom of speech in one of asias largest democracies this is inside story. And welcome to the program. Its being described as the most severe attack on Media Freedom in the philippines president rodrigo tatty has 5 a Supreme Court petition to shut down the not Just Television network accusing a. B. S. C. B. S. Of committing what are described as highly abusive practices the National Union of journalists of the philippines protested on friday accusing the detect. Government of trying to silence critical media the tatty has repeatedly vowed to stop the Networks Operations its franchise expires on march 30th they can again report. Journalists and activists show their support at the headquarters of a. B. S. C b n in manila the leading network in the philippines faces closure after nearly 70 years president rodrigo deter government says the broadcaster violated its license by charging fuels for content and allowing Foreign Investors to own part of the company but supporters believe the reason is revenge its. Really. The question. Here. Most logical. Has come. With the way the total uses the network refused to play his Campaign Adverts during the 2016 election and its broadcast highly critical reports of the president s crackdown on illegal drug gangs Rights Groups say police have killed at least 27000 people over the past 3 years the government says the total is 6000 rappler is another media outlet facing shut down for speaking against deter the news websites lawyers are contesting several court cases including tax evasion and illegal Foreign Ownership speaking exclusively to the listening post on aljazeera rappers founder says deter government is repeating previous tactics you go back to 1970 s. And then you go back again to 986 any time someone wants to take control of government the 1st step is to control the media this is the 21st century. Version of that but whats so interesting is you dont even have to declare martial law to try to control media you have you hang a damocles sword over owners their families you threaten them with legal cases and you can control them this way i. B. S. C. B. S. Lawsons expires next month the government says it can continue to broadcast while congress decides whether to renew its franchise for another 25. 00 use activists say whatever happens to shut down attempt has caused long term damage to Media Freedom in the philippines nicola gage for inside story. Or lets bring in our guests now for todays inside story from manila is harry roque a lawyer and former spokesman for president to 10 and a former member of congress and San Diego California in the u. S. Richard hadari an epileptic or scientists and author of the rise of detaching a populist revolt against elites democracy and also in manila. Journalism professor at the university of the philippines thank you gentlemen for being with us on inside story harry role in many let me start with you you were president of terra taze spokesman once youve known him for a long time what is his governments real motivation in wanting to shut down a. B. S. C b n well let me 1st correct your reporting that the president has clarified the revised current spokesperson that the has nothing to do with a warrant opposition filed by the office of the Service General under the philippine constitution the philippine Supreme Court has originated restriction over these kinds of petition and under rule 66. 00 of the revised rules of court they always g. Is in fact authorized to fire these petitions now having said that i dont think the provision will prosper in any way it is in the nature of a prior restraint and i would use prudence ought. Prior restraints come to court with a heavy presumption of unconstitutionality saw some sort of a clear and present danger i dont think the Supreme Court will act on the petition specially since the life of the franchise of e. B. s b. N. Its only until march 30 by for us prediction is of the point when that act on it until the franchise of a. B. S. Had been expires in which in which case it becomes more than epidemic and not right for judicial determination let me bring in dont you know iraq in many ways dont seem to agree with harry dimino when he says that this petition has nothing to do with president attended that president attended had nothing to do with the petition yeah thats every everything to do with the us we just need to realize that. The 7 in the 2nd state of the nation and the us. If i Read Organization see through the c. N. N. Or either read or touched. By the public as well a chance or an ownership and besides the obvious the solicitor general acts in behalf of the government and we cannot deny the fact. That. Even if there is cleared one there are also a lot of that legislate sure and the Judicial Branch of government so who is there in the philippines us at least one general will definitely be receiving my cheap oil. From my lap and does the president then are you saying that the president calls the shots when it comes to media regulation of course either because hes the president and were one and of course our 2nd. Game from that little short where. Its not just simply a bend that. He already. Probably means that he would prefer that the lot. Of them. Would just simply sell. Maybe a cd and i think youll find that and well there are a shot and. See. Where i. Said there are lists which is one of. The administration really forgive a. B. S. E or whatever alleged shots so of course in the art hardly me say that these are just. These are irrelevant but in the art of Public Opinion and in the struggle for Media Freedom all of these things. We see right now that one very gentle soul wired for all then i request that in a while and see. Richard a diary and youll find some this is just too much imagination in that apartment i think the president has gone on record that he leaves it to congress whether or not to renew the franchise of a b s e b n n undergone said lucian that is in fact i saw an exclusive derogative of the house of representatives and that makes a big issue about the concept of doctoring of qualified Political Agency in this instance the president has expressly said that he had nothing to do with that petition and under the rules of court rule 66. 00 there would be that election of jupiter on the part of the streets of the general if his belief there is a violation of the franchise and he does nothing about it ok lets not automatically conclude that any act of a cabinet is the act of the president because a qualified Political Agency says exactly that its qualified and to ratify it or rejected by the president and in this instance the president said i had nothing to do with that ok Richard Barry and let me bring you into the conversation gentlemen. To also give you a start on this a show richard how he says the president has nothing to do with this petition our guest. In the philippines says no he does and hes being benched fall where do you stand on this what do you think is going on here. Well as a political scientist my job is to compare it to Different Countries especially fledgling democracies over time and i think it would be quite naive and fanciful question that countries like the philippines which is a fledgling democracy you have complete and absolute rule of law i think very difficult to separate exercise the law from political interest in countries like the philippines so this is something that is going to be very hard to descend down force we know that any kind of attack or move against media like abs to be and is not the 1st time to the top any event on after the collapse of the markets dictatorship we have other president s other things that president and other properties and at some point popular president bill is also very critical of the b. B. N. And i think the jamming administration also in the past if you felt the the and present it that is not the 1st president and recent memory in the philippines for us gone against gets even or i think the q they get to been having certain flies against the same song weight. Is also not surprising others in the opposition minds present that there is also a very unique for a decisive character the person was effectively and that the Philippines Alliance with the United States which has been there for a 100 years by abrogating unilaterally and perfunctory the. Forces agreement so that kind of president that kind of context im going to talk about absolute rule of law is a bit fanciful and what we should talk about these vital whereby some think the law is actually lection dangerous who authored by the president just had to have had a particularly good to talk about it was agreed that we are now financing democracy. I dont think we agree i agree that we have a fledgling democracy we gave people power not only to the middle east but the rest of the world and not only that our jurisprudence in free speech and in the freedom of the press is very well established regardless of who the leader is that judas prevents remainders and that is why my very disparate diction of is always there against my liberal but it is not as if the what has the right of respect to speaking your mind as i waited for you to defend their statement but i think that the present the rule of law in the philippines will prevail and even if the sword and fire did as i said my prediction is because it is in the nature of prior restraint it will not prosper but i let me just ask you how i am in the government as. Well and richard both state have used the same accusation about Foreign Ownership against the news website rappler which in 2800 had its license revoked and that decision is under appeal now when you look at the things that have been happening over the last few years over the last 3 years that president got attached to has been in power it doesnt really show a positive image i mean the media seems to be under pressure in the philippines how how do you explain this well dont be confused because the case of a. B. s libya is different from rappler in the 1st place of the a. B. S. A b. N. C. Depositary instrument was approved by the f. C. C. And rappers was not and the reason being in the case of property in the philippines as he said that rapper game foreigners control particularly on the issue of whether or not to continue with the business which is tantamount to control and therefore violative of the philippine constitution saying that the Media Business can only on by a filipino see this as and that is why again my fearless prediction is although this was used as a ground by the office of the solicitor general it will not prosper precisely because then the same admits of the agency that rule that property by that of the party to shut up prove the issuance of this deposit that a instrument and therefore carriage with it the burden of proof of regularity or the fact that the admission. By the way if most authorized and most competent in these matters have said that he is nobody there is was no violation of the constitution now and so you seem to say that due process will be followed by congress and the Supreme Court. Do you agree with that do you think that the Supreme Court justices will indeed follow due process in this case of a b s c b n well we have to ask ourselves who controls the Supreme Court right now of course people may say. Its a wild imagination but whether or not the case will prosper it is still a form of harassment intimidation against me yeah thats the bottom line money r. S. I. Mentions start now much less and over our heads and the culture of the city there we need to remember that what is happening rappler a. B. S. E b. N. And even the philippine daily white or i the stress of a Chilling Effect on the other his aid organizations and its way for me to send a question a lot because during my should all Media Organisations were harassing me they only thats all media or must be the press were. Some object where you sponsor censorship but he still it would show that they are shit this press that i mean yeah so you dont you know other words you dont know how to ask all the media you just an example of a handful of them and one of them is a. B. S. E and right now there are dangerous consequences being made by that they write it every house the House Speaker i live there whenever he says that even g m a fight with the best the because they allegedly also have the artist or feel it in the b. B. C. And again we need all of these things because even. Believe in Stock Exchange defines the arse as not being among the ownership and that these are just simply investment in so many. Listing of the facts remain ok by the doctor would otherwise be just why are up in arms looking join a list of media were rightly explain why every. Where always e. B. s the. d ground when you say when you say people are op in arms let me just ask you this i mean most polls have shown that the president s policies are very popular with filipinos his war on drugs remain popular with filipinos and hes a public not to believe the media so is he winning this battle of Public Opinion when it comes to the media. Ok osiris surveys are concerned me to look at it like in the us its true that he enjoys popular support. In the case whenever. I just drink the 1st on the bus in the philippines that them on the 6 years its been the 1st to be yourself or else youll still enjoy benefit the high popularity and besides when we look at the event its all part of the region surf and saying thats it its the they enjoy but were not at the start even if there had more than 90 percent popularity of eating during the 1st few years of the 3rd reich so its not as if this is something new ok john of the things i mean i have let me bring in rachel im going to get you i think thats i think perhaps not ok i think thats estimates michael how do you stand by how he wanted to have a nice i mean its an area that they have that have a stand by a company in just a minute let me just bring in richard back to a conversation richard detach a has been president for 3 years now in the philippines where does this case and the other against the media leave freedom of speech in the philippines is it headed towards an even you know more dangerous path well i mean 1st of all i think we have the credit to the times i mean you finally have a ruling or verdict on them again then a massacre which has been lingering there for quite some time almost they keep so there are some positive developments there and lets not forget one of the reasons why the philippines was considered as one of the most dangerous places were turning it into parts what the 1000000 down in mass for a decade ago so we havent really and that 2nd yes there are concerns about cheating a break on the media but you know if someone has been in a wide range of countries from new york where you have to train up work with the middle east and also in the west i can say that the philippines overall if you look at the editorial line the major newspapers and meet Major Media Networks often that i work with are you. I dont see any sign of censorship by the bigger ones the more prominent ones and you could see even more critical statements they got pregnant there is quite prominent they crossed the media so well i think there are concerns the philippines is going the wrong direction or that there could be a chilling pick as far as where a line of major newspaper is concerned i still do not see that but that doesnt mean that we should not worry about anything present affair that is popular with the commander in chief yet very strong support and i think we should also not forget not only in the Mainstream Media but also in social media in alternative media how the supporters of the president are very aggressive barrister and there are these. Periods you know the attack on Mainstream Media or personalities from Mainstream Media is not confined on the court of law but with the extent also the ultra media so were talking about a much more hybrid and really quick and i think great situation rather than black and white paper she purses for the bulk of the situation all right harry your thoughts now you had quite a few things you wanted to add to what richard and then have been saying go ahead. Well i was one of those who was prosecuted successfully the killers of 30 jarvis in them again the massacre i think that proves that we have a working legal system its not perfect it took them years to convict it should have taken a shorter period of time ive been working with join this and not Media Players for my entire career 21 years so far practice as a media lawyer and i can tell you that were as it stands that you this presence in the philippines recognizes completely freedom of the press governments may try to suppress it but the ports been never. Uphold any infringement on freedom of the press i think we have one of the best to disprove them so on freedom of the press we have to let piece of a World Community we have us believe in dreams just for. Its in the philly in the u. N. Committee in human rights to. Assist join the list in trouble in vietnam in malaysia in thailand and the International Community has been accepting philip injuries but its i think we will survive any attempts to press freedom of the press precisely because of our rule of law in our jurisprudence upholding the supreme a c. Of freedom of expression and freedom of the press. Youre a journalism professor your response to that. Course where we have lost. We the must state and either receive be done but of course theres the them of speech and theres the them after speech freedom after speech is a different matter altogether because we ate we may have we me. Free espresso one of the 3 yes but were one of the most dangerous places in the world practice journalism make no mistake about it a number of journalists from one to 6 up in the press a bank in 86. 00 was supposed to be that time and democracy was to start with i was there of. My process then and the we have it and the and this takes are the center for Media Freedom responsibly the exit and that mistake around a 164. 00 the National Union of journalists around 100. 00 by but regardless of the number 6 are quite alarming why its true and that. Is why the story and its it should be can see there that i dont where its what we have here still is our show it will be and they cite the decision based on solely a partial decision. Or i think or have been apprehended so i dont 76 are still at large. Base and we still need the money. There so i see the. Bill on your part so its a long drawn out but why we have to be the be the big movie that one massacre resealed and ignore the fact that elites are happy and that were responsible with asia are also happening just recently one of my friends the executive director of the service well was i guess she said join a list but shes being i dont remember the armys base thats the us i can vouch for her you know the personality right but this things are happening right now ok richard hey daryn lets just come back to the a. B. S. C b n a case to be and case which side do you think the 7 marine corps will side with in this case and you know will they be due process in your opinion. Well the way i would rather put it is this i mean i think comparing present 3rd to the likes of hitler would be a step too much but i like to compare him rather. Populist apart by. 30 or even some people like put him. I think the president and his supporters have done a very effective job including on social media to depart the sense of the administration that when you talk about Mainstream Media independent media theyre not necessarily independent media but instead theyre more or less of the interest the old oligarch that have been in control of the country i think thats kind of rhetoric has been very effective for president then of the populace to position himself as the 9th they thought this when if you could see the sentiments on the ground you can sense sentiment on social media the backlash against perceived or real move against a b s b n or other media that is not as huge as anyone would have expected i mean lets not forget a. B. C. Be an easy huge conglomerate that is not going to compose a news production of such huge entertainment but we dont see that because i think many people in the philippines believe that the president is not going against freedom of expression per se but going against liberal oligarchs or trying to. Block right blockages or his agenda of trance the country i think thats one thing to keep in mind and the Supreme Court is not necessarily above the fray getting fledging democracy in the philippines that also take these broader political context into consideration ok having iraq ill give you the last word i mean they are thousands of people whose jobs are on the line are threatened if this my sense that the a. B. S. C. D. N. Franchise is not renewed you know how how will the government deal with the fallout. Well i think we need to distinguish between the petition for call warrant or and the franchise and on as far as a petition for go out on to is concerned i think the jurisprudence is established that where an act of government has the effect of prior restraint then it is presumed im constitutional and for this reason i think the petition will fail ok however because broadcast is covered by a franchise it is a privilege because it is using airwaves or and by the state it is not. As free as the other medium of mass media in fact different courts in different jurisdictions have said that those which are entitled to for protection are the print media and the internet and in the philippines address prudences that broadcast media in fact is subject to the most control because unfortunately it is still subject as a prerequisite for the exercise of freedom of the press the fact that they need a privilege to use the airwaves in the form of a franchise i fear this prediction is congress eventually will give them a franchise and the president as a lawyer will respect that thank you very much gentlemen for a very lively and interesting discussion harry role. And. Thank you for joining us on inside story and thank you for watching as always you can watch this program again any time by visiting our website at al jazeera dot com for further discussion go to our Facebook Page thats facebook dot com for sasha a. J. Inside story you can of course also join the conversation on twitter handle is that a. J. Inside story from me for me back to one whole team thank you for watching i think. 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