The franchise issue involving ABS-CBN network and the cases faced by Rappler have nothing to do with press freedom, the government declared in a recent report defending its human rights record before the United Nations.

The two media companies were mentioned by the government while fending off alleged restrictions on Philippine media and press freedom in its 137-page "The Philippine Human Rights Situation May 2020." 

The latest human rights report,  prepared by the country’s permanent mission to the UN in Geneva, was recently submitted to the UN  human rights office led by High Commissioner Michelle Bachelet. 

"The Philippine government highlights that the ABS-CBN franchise renewal is not an issue of press freedom but a procedural issue regarding legislative franchise," the Philippine report to the UN body read.

"The decision regarding this matter falls within the purview and wisdom of Congress and there are no impediments to ABS-CBN’s right to pursue any and exhaust all legal remedies necessary to resolve the matter," it added.

The government also informed the UN body about the quo warranto petition filed by the Office of the Solicitor General against the network as well as the National Telecommunications Commission's order to ABS-CBN to discontinue its operations due to its expired franchise.

"NTC’s order covers only platforms using government-issued frequencies such as TV and radio. Online platforms are not affected," the report said. 

It defended the NTC’s decision on the network’s shutdown, saying it is bound by law to decide on and execute policies and programs in accordance with the Constitution.

The government also insisted that only Congress has the power to grant a broadcast franchise under the Constitution. It noted the House leadership's commitment on "fair, impartial, thorough and comprehensive" hearings on the network's franchise bid.

The country's human rights report was released before the House committee on legislative franchises rejected the network's application for a fresh 25-year franchise. The applicant was supposedly seen by the House panel as "undeserving" of the grant of the broadcast franchise.

The Lopez-owned media giant shut down its free television and radio stations last May 5 in compliance with the cease-and-desist order issued by the National Telecommunications Commission over a lapsed franchise.

On Rappler, the government argued that the situation of the online news site has been "misused to carelessly generalize and unfairly portray the media situation" in the country.

"The Philippine government has emphasized that the cases faced by Rappler concern its accountability under the rule of law and has nothing to do with press freedom," the report said.

Despite the cases, the government said Rappler and its journalists have continued operation and presence online.

It also said the cases involving Rappler such as revocation of Rappler's certificate of incorporation by the Securities and Exchange Commission, tax complaint filed by the Bureau of Internal Revenue, and the cyber libel filed by a private complainant actually indicated that the government "upholds the rule of law and that no one is above the law. "

"The conclusion that mass media should be exempted from judicial process undermines the rule of law, constitutes a blanket attack on press freedom in the Philippines, and contradicts the principle of equality before the law which is the foundation of the justice system in any strong democracy across the world," the report said.

Media freedom

The government also assured the UN about its commitment to continue to guard "zealously" the freedom of the press, as well as of speech and of expression in the country.  It recognized that having "a plurality of voices, including critical ones" is an essential requirement for democracy.

"Contrary to allegations, media space in the Philippines continues to expand as the government strengthens the operationalization of the guarantees for the protection of freedom of expression and opinion," the report.