Rappler goes to SC, seeks equal access

By HERBIE GOMEZ
Editor in chief

RAPPLER Inc. yesterday filed a case against Elections Chairman Andres Bautista, asking the Supreme Court (SC) to make the official ensure an “unimpaired and equal” media access to all the presidential debates.

The case was filed two days ahead of the first of three presidential debates scheduled by the Commission on Elections (Comelec). The first debate is scheduled at the Capitol University (CU) here tomorrow.

Journalist Maria Ressa filed on behalf of the news website Rappler a 27-page petition against Bautista for certiorari and prohibition with prayer for a preliminary mandatory injunction.

Ressa asked the SC to issue a temporary restraining order (TRO) enjoining Bautista from implementing parts of a memorandum of agreement pertaining to the presidential debates, and to ensure that mass media, online or traditional, would have “unimpaired and equal” access.

She said the MOA on the presidential debates was signed by Bautista, and “lead networks” ABS-CBN Corp., GMA Network Inc., TV5 Network Inc., and Nine Media Corp. in Jan. 13. It sought to nullify pertinent parts of the MOA “for being executed without or in excess of jurisdiction or with grave abuse of discretion…”

Rupert Ambil, a Rappler representative sent to this city, said the other TV networks were silent on the Cagayan de Oro brouhaha because they would likely do the same thing during the presidential debates in Luzon and Visayas. It was Ambil who furnished this paper the first copy of Rappler’s petition after it was filed yesterday.

Ressa said the MOA “explicitly discriminates” against online media outlets not affiliated with the “lead networks.”

Rappler’s points:

• Bautista allegedly acted alone in executing the MOA, and disregarded the collegial nature of the Comelec. Ressa alleged that the MOA was executed without sufficient authority from the Commission.
• He allegedly breached the constitutional and statutory mandate of Comelec to ensure full dissemination of information to voters.
• The “lead networks” were illegally granted exclusive rights, violating the Elections chairman’s duty to educate voters.
• Bautista, through the MOA, has allegedly violated Rappler’s freedom of the press, and constitutional right to equal protection.
• He allegedly violated the anti-graft law.

The Rappler petition cited the Feb. 14 statement released by the Cagayan de Oro Press Club (COPC) that cried foul over what it saw as “discrimination” of the provincial press.

The debate organizer, GMA Network, strongly denied that there was discrimination, and then gave the media organization 13 of the 25 slots intended for media “observers” who would be allowed inside the CU mini-theater where the presidential candidates would be debating. There, the “observers” are disallowed from bringing media coverage equipment. They are also “discouraged” from taking photos with their cellphones.

The rest of the media however would be allowed access to a media center outside the actual debate venue where they could bring in equipment, and work in front of a TV monitor.

The COPC board of directors decided to raffle off the slots given to it by organizers on Thursday night.

In a statement entitled “Thanks–and no thanks” yesterday, the COPC said it was thankful to the organizers for giving 25 slots, including 13 for the local press club, to the media here. But the COPC said it was also saddened that “our wings are going to be clipped.”

“It will be like deploying soldiers without guns to war,” reads part of the COPC statement. “We maintain and reiterate our stand that there should never be a monopoly in the media coverage of a presidential debate, and that government must ensure that such national event will be equally covered by mass media. Neither should it be used for corporate grandstanding–the event is far too important for the Filipino electorate to be hostaged by corporate interests.”