SC asks Comelec chief to comment on Rappler case

MANILA, Philippines (UPDATED) – The Supreme Court (SC) on Tuesday, February 23, asked Commission on Elections (Comelec) Chairman Andres Bautista to comment on the petition filed by Rappler regarding media restrictions for the presidential and vice presidential debates.

The High Court gave the Comelec chief 5 non-extendable days to file his comment on both the petition and the prayer for mandatory injunction.

Media companies, including Rappler, signed a memorandum of agreement (MOA) with the Comelec to mount a series of national debates for top candidates in the May polls.

But ahead of the first presidential debate on Sunday, February 21, Rappler filed a lawsuit against Bautista before the SC for granting broadcast rights to the debates only to the nation’s biggest television networks and their chosen partners.

Rappler asked the SC to intervene to allow millions of Filipinos to watch the debates on their phones, tablets, and computers.

In its editorial, Rappler pointed out that “online news groups were excluded from the MOA in terms of coverage and live video streaming rights – a MOA Rappler signed based on good faith assurances that access would be granted. That didn’t happen.”

Rappler also asserted that its “constitutional right to equal protection has been violated.” It asked the SC to issue a preliminary mandatory injunction that will require Bautista “to ensure an unimpaired and equal access to all mass media, online or traditional, to all the debates.”

Only journalists of the lead network and its print partner were allowed in the event venue Sunday. While some local media were given entry, they were not allowed to tape or photograph the debate. (Read: No media equipment allowed at Mindanao debate)

Rappler was part of initial meetings in September and October 2015 which were organized by the Comelec and the Kapisanan ng mga Brodkaster sa Pilipinas (KBP) concerning the PiliPinas Debate series. During those meetings Rappler proposed a provision that would make debate content part of the public domain, and therefore not subject to copyright restrictions.

Rappler also proposed a broadcast pool that would allow other media to obtain access to debate video material. Unfortunately, Rappler was excluded from succeeding meetings and consultations. 

In previous interviews, Bautista reiterated that no organization “was forced or compelled to enter into the agreement,” and that Rappler agreed to the terms of the MOA.

“We signed because the Chairman assured us there would be equal access,” said Rappler’s Maria Ressa. “That didn’t happen. It’s the first time in 30 years I’ve been a journalist that I’ve seen Comelec abdicate its responsibility and give total power, including the ability to choose who can enter the site, to the largest networks.”

Rappler received a copy of the final MOA the night before the January 13 signing ceremony at the Comelec. Bautista told Ressa details of Rappler’s access would be addressed in later days. On January 20, he asked Rappler to put in writing its alternative proposal.

In a statement, the Cagayan de Oro Press Club said the debates should not “be used for corporate grandstanding – the event is far too important for the Filipino electorate to be hostaged by corporate interests.” Online news site Mindanews said 48 minutes of the two-hour debate were filled with advertising. 

The debate last Sunday – the first in a series being mounted by the Comelec and its media partners – was organized by GMA-7 and the Philippine Daily Inquirer. – Jee Y. Geronimo/Rappler.com