NTC move requested by national security chief
BY VICTOR REYES and WENDELL VIGILIA
THE National Telecommunications Commission (NTC) has ordered internet providers to block 27 websites associated with “terrorists” personalities and organizations, including the Communist Party of the Philippines, progressive groups and independent media.
NTC commissioner Gamaliel Cordoba issued the order on June 8, in response to a request of National Security Adviser and National Security Council Director General Hermogenes Esperon Jr.
In a June 6 request, Esperon urged the NTC to “issue legal instruments” to order Philippine internet service providers to block access to websites “affiliated to and are supporting these terrorist and terrorist organizations.”
“Indeed, the activities, in terms of recruitment, funding, and propaganda of these communist terrorist organizations should be stopped. Recently, social networking sites Facebook and Twitter have already starting cracking down accounts and pages belonging to the communist terrorist groups,” said Esperon.
In a statement yesterday, Esperon said that to protect the country’s integrity, government has to “prevent further negative influence from the CPP-NPA-NDF and its affiliated organizations to spread in our cyberspace.”
Esperon also said his request to NTC was an expression of his “concern for the welfare of the Filipino people who continually use digital resources as means by which to be informed and educated.”
Among the 27 websites Esperon listed are the web pages of the National Democratic Front of the Philippines (ndfp.org), Communist Party leader Jose Maria Sison (josemariasison.org), Communist Party of the Philippines (cpp.ph), Bagong Alyansang Makabayan (bagongalyansangmakabayan.org), and online news provider Bulatlat (bulatlat.com).
Rep. Carlos Isagani Zarate (PL, Bayan Muna) condemned the blocking of what he said were alternative press and progressive organizations, and said it is “another throwback to martial rule era and a blatant violation of the constitutionally guaranteed rights to freedom of expression and of the press.”
Bayan Muna is among members of the leftist political coalition Bagong Alyansang Makabayan (Bayan). The other members include the Alliance of Concerned Teachers, Anakpawis, Gabriela Women’s party, and Kabataan.
“Is the outgoing national security adviser trying to beat a deadline or is he doing this to remain in position or to influence the next administration)?” he said in Filipino.
Zarate said the Makabayan bloc at the House of Representatives has been warning the administration “will arbitrarily and despotically weaponize the Anti-Terror law against its critics.”
DOJ SILENT
The Department of Justice sidestepped questions on whether Republic Act 11479 or the Anti-Terrorism Act of 2020, the legality of which have been upheld by the Supreme Court last year, or its rules allows the blocking of access to websites.
The DOJ crafted the implementing rules and regulations (IRR) of the anti-terrorism act last year.
In asking the NTC to block the websites, Esperon cited previous Anti-Terrorism Council (ATC) resolutions designating the communist movement and some of its alleged members as terrorists.
Designation is a unilateral act on the part of the ATC.
Justice Undersecretary Adrian Sugay previously said the only effect of the designation is the freezing of assets of those groups and individuals designated.
Justice Secretary Menardo Guevarra made the same statement several months ago, explaining that a person’s or group’s designation as terrorist does not automatically mean impending arrest but the “freezing of bank accounts and other financial assets of the designated person or entity.”
Sugay did not answer media questions and just kept on sending the exact provision in the IRR. Among the main questions asked were: Can the NTC order the blocking of a website based on a request by the ATC even if it’s not one of the powers explicitly granted under the ATA or its IRR and does designation carry the effect of blocking websites of designated terrorists/groups and does this extend to affiliates and those not designated as terrorists.
“Our position on the matter of the effects of designation has always been very clear,” Sugay said.
“If anybody should feel aggrieved by any perceived improper use or application of any provisions of the ATA, including the provisions in designation, there are remedies under the law and judicial recourse is always available,” he added.
Pressed by reporters on the matter, Sugay directed the media to ask the National Security Council instead.
“These questions, in my opinion, should be directed to the National Security Council. Please note that the request in question emanated not from the Anti-Terrorism Council, but from the National Security Council,” he added.
Pressed further on whether Esperon’s move did not go through the ATC of which the DOJ is a member, Sugay said, “Maybe you should be directing the questions to the NSC.”
Sugay again said there are remedies under the law if anybody feels aggrieved by the “improper use or application” of the anti-terror law.
Communications Secretary and acting presidential spokesman Martin Andanar said those affected by the NTC decision have legal remedies available to them.
MISINFORMATION
Other websites Esperon asked to be blocked were the NDFP official publication (liberation.ndfp.org), Hiyaw (hiyaw.net), Revolutionary Council of Trade Unions (rctundfp.wordpress.org), Compatriots-Revolutionary Organization of Overseas Filipino and their Families (compatriotsndf.wordpress.com), Save our Schools (saveourschoolsnetwork.wordpress.com), UMA Pilipinas (umapilipinas. wordpress.com), Rural Missionaries of the Philippines (ruralmissionaries. wordpress.com and rmp-national.weeby.com), Pamalakaya Pilipinas (pamalakayaweb.wordpress.com and angpamalakaya.org), Amihan National Federation of Peasant Women (amihanwomen.org), Arbikong Bayan (arkibongbayan.org), International League of People’s Struggle (ilps.info), Pinoy Weekly (pinoyweekly.org), Counter Punch (counterpunch.org), International Action Center (iacenter.org), Monthy Review (monthlyreview.org), People’s March (peoples-march.blogspot.com), Taga-Ilog News (blog-by-taga-ilog-news. blogspot.com), Partisan News (partisan-news.blogspot.com), and People Resist News (peopleresist.net)
As of yesterday afternoon, most of the 27 websites were still accessible.
Esperon, in the statement, said, “Though we recognize that websites like Bulatlat and Pinoy Weekly have been using their platforms to spread information on causes important to them, we cannot simply turn a blind eye to the fact that they have actively supported organizations affiliated with the CPP-NPA-NDF.”
Esperon also dismissed criticisms from some leftist groups.
“To call our act of protecting the integrity of our nation’s digital space as an act of ‘desperation’ or a ‘blatant attack on free speech’ reeks of desperation because they not only are unable to counter these arguments through any respectable means, but they are actively pursuing acts of terrorism within their respective organizations,” he said.
Esperon also clarified that restricting access to these websites does not necessarily mean preventing these organizations from using free speech.
“Simply put, these websites… will not be accessible to users within the bounds of the country’s internet service providers,” said Esperon.
“Bulatlat, Pinoy Weekly, and other websites stated in our letter to NTC are free to continue publishing articles and editorial pieces that fit their messaging lines, but they will not be accessible to internet users in this country,” he added.
Esperon said the right to free speech is protected, even under the Anti-Terrorism Act, but “should be used responsibly and for a good cause.”
“Hate speech, unjust propaganda, and seeking support for CTG (communist terrorist group)-affiliated organizations should be seen as separate offenses that need to be limited, especially in our country where misinformation remains to be addressed with care and consistency,” he said.
ATC DESIGNATION
In his letter to the NTC, Esperon noted ATC resolutions designating the NDFP, CPP and NPA as terrorist organizations and CPP-NPA Central Committee members as terrorists.
“Indeed, the activities, in terms of recruitment, funding, and propaganda of these communist terrorist organizations should be stopped. Recently, social networking sites Facebook and Twitter have already starting cracking down accounts and pages belonging to the communist terrorist groups,” said Esperon.
“They have established pervasive online presence through their websites that they continually use to publish propaganda and misinformation campaigns in order to malign the Philippine government, recruit new members, and to solicit funds from local and international sources,” said Esperon.
CENSORSHIP
In a statement posted on Twitter, CPP spokesman “Marco Valbuena” said the government is building what a “Marcos Anti-Democracy (MAD) internet firewall” in a “desperate bid to censor online criticisms and dissent” against the incoming President Ferdinand “Bongbong” Marcos Jr, and to “suppress progressive, patriotic and revolutionary journalism and literature that exposes the ills of the ruling system.”
Valbuena said only seven of the websites are associated with the CPP and NDFP. “At least six websites in the haphazardly drawn list are inactive with some last updated 10 years ago,” he said.
“Surprisingly, the list also includes the Monthly Review and the Counter Punch, both highly-regarded US-based organizations that promote progressive views,” said Valbuena.
In its Facebook page, Bayan called the blocking a “blatant attack on free speech.”
“The orders show how arbitrary the use of terrorist-labeling and red-tagging have become. The orders to block certain websites are devoid of any due process and rely merely on guilt by association.”
“No specific offense or evidence was ever cited to justify the blocking of Bulatlat et al except for the Anti-Terrorism Council resolutions that do not pertain to Bulatlat et al. This again highlights the dangers of the anti-Terror Law,” it added.
Also on its Facebook page, Bulatlat said described the government decision as a “brazen violation of our right to publish, and of the public’s right to free press and free expression.”
“This is prior restraint against protected speech. It is downright unacceptable as it is based on Esperon’s mere hearsay. We raise the alarm that such arbitrary action sets a dangerous precedent for independent journalism in the Philippines,” added Bulatlat.
Bulatlat said it is committed to “shedding light on issues that affect the marginalized and the oppressed” over the past 21 years.
Bayan Muna chair Neri Colmenares said the move to block the websites of legitimate mass organizations and alternative media “is yet another move to dilute the truth.”
“Organizations such as the Save our Schools Network, the Rural Missionaries of the Philippines, and PAMALAKAYA are legitimate organizations that are also recognized outside the country. Likewise, Bulatlat and PinoyWeekly are legitimate news organizations led by seasoned media practitioners,” he said.
Another Makabayan bloc member, Rep. France Castro (PL, ACT), said the NTC’s move is downright “red-tagging in the context of the implementation of the Anti-Terrorism Act.”
Sen. Aquilino Pimentel III said the blocking of the websites “might be too broad and we may be keeping our people especially our younger generation ignorant of other perspectives.”
“Let us expose our people, especially the young ones, to all sorts of ideas and theories. This is part of the process in developing our own critical thinking capability,” Pimentel said.
“Allowing access to other thoughts (which are not in agreement with our own thoughts) is one necessary step in the development of critical and independent thinking. And of course, we ant the Filipino people to have the capability to be critical thinkers,” he added. — With Ashzel Hachero, Raymond Africa and Jocelyn Montemayor
