Senate probe into 'baseless' suspension of SMNI operations sought

A resolution seeking to investigate the alleged "baseless" suspension of the operations of Sonshine Media Network International (SMNI) was filed in the Senate Monday.

In proposed Senate Resolution 960, Senator Robin Padilla wanted the Senate committee on public information and mass media, which he chairs, to conduct the probe.

He said the National Telecommunications Commission (NTC) failed to indicate in its show cause and suspension order the need to suspend the operations of SMNI as well as the necessity to avoid serious and irreparable damage or inconvenience to the public or to private interests as provided under the general rule under Section 16(n) of Republic Act 11659 or amended Public Services Act.

"In the absence of proof of serious and irreparable damage or inconvenience to the public or private interests that may be caused by SMNI's continued operations, the general rule shall apply wherein the NTC shall have the power, upon proper notice and hearing, to issue a suspension order pursuant to the Public Services Act," he said.

"The imposition of baseless orders on SMNI not only constitutes a denial of due process but also an erosion of press freedom," he added.

He further argued that the right of the people to public information "should not be unduly curtailed" as he echoed that access to information on matters of public concern helps the people in democratic decision-making by giving them a better perspective of vital issues confronting our society.

Padilla likewise cited the Supreme Court ruling on Chavez v. Gonzales that press freedom is "crucial and so inextricably woven into the right to free speech and free expression, that any attempt to restrict it must be met with an examination so critical that only a danger that is clear and present would be allowed to curtail it."

In December last year, the NTC ordered a 30-day suspension of the operations of SMNI over the reported violation of the terms and conditions of its franchise.

The NTC said it “took cognizance of the House of Representatives’ declaration… that Swara Sug has violated at least three specific provisions of its legislative franchise, and gave due deference to such determination of the House of Representatives and its authority.”

This comes as the commission on Dec. 12, 2023 received a copy of a resolution from the House of Representatives citing three violations allegedly made by SMNI — deliberately disseminating false information, the transfer of shares without prior Congressional approval, and failure to offer at least 30% of its outstanding stock.

In January this year, the NTC ordered SMNI anew to stop its operations  pending final decision on its ongoing administrative case.

In its order, the telecommunications sector regulator noted that despite the December 19, 2023 order compelling SMNI to suspend its operations for 30 days — which the network received on December 21, 2023 – it still “received reports showing that Respondent did not strictly comply with the suspension aspect thereof and was still operating in certain areas in Region VI by as late as 27 December 2023.”

GMA News Online reached out to the NTC for comment on the Senate resolution but it has yet to receive a reply as of posting time.—AOL, GMA Integrated News