SMNI seeks reversal of MTRCB suspension order

MANILA, Philippines — The legal counsels of Sonshine Media Network International yesterday sought to reverse a preventive suspension order on two SMNI programs that feature former president Rodrigo Duterte and avid supporter Lorraine Badoy.

Lawyers Rolex Suplico and Mark Tolentino asked the Movie and Television Review and Classification Board (MTRCB) to lift the suspension order against “Gikan sa Masa, Para sa Masa,” hosted by Duterte, and “Laban Kasama ang Bayan,” which Badoy co-hosts.

“It is respectfully prayed of this honorable office that the decision be considered and set aside, and that the suspension for a period of 28 days inclusive of 14-day preventive suspension period be lifted,” Suplico and Tolentino said in their separate motions for reconsideration.

In suspending Duterte’s “Gikan sa Masa,” the MTRCB said the show violated Section 3 (c) of Presidential Decree 10986 and its implementing rules and regulations, specifically for the former president’s alleged repeated utterance of cuss words, death threats and negative imputations against Congress.

“With all due respect to the honorable board, it erred in suspending the respondent’s television program… and it is a violation of the constitutional right to freedom of speech, of expression, of the press and due process of law,” their motion read in part.

Suplico and Tolentino added that a prior restraint on speech based on its content “cannot be justified by hypothetical fears but only by showing a substantive and imminent evil that has taken the life of a reality already on the ground.”

“We rule that not every violation of a law will justify straightjacketing the exercise of freedom of speech and of the press. Our laws are of different kinds and, doubtless, some of them provide norms of conduct, which, even if violated, have only an adverse effect on a person’s private comfort but do not endanger national security,” they argued.

Both counsels also alleged that the suspension of the “Laban Kasama ang Bayan” show was in violation of Article III, Section 7 of the 1987 Constitution.

The show’s hosts – Badoy and Jeffrey Celiz – were earlier summoned by the House of Representatives for the alleged airing of unverified information regarding the spending of P1.8 billion worth of travel funds by Speaker Martin Romualdez.

Both were detained after they were cited in contempt over the unverified report.