Quezon City Court Declares NTC Order Blocking Bulatlat and Other Sites Unconstitutional

The Quezon City Regional Trial Court (RTC) has invalidated a directive from the National Telecommunications Commission (NTC) that mandated internet service providers to block access to the alternative news site Bulatlat along with 25 other websites. The court ruled that the NTC order constitutes an unconstitutional form of prior restraint.

In its ruling dated November 18, Judge Catherine Manodon of Branch 104 declared the NTC’s memorandum issued on June 8, 2022 — prompted by a request from then National Security Adviser Hermogenes Esperon — null and void. The case stemmed from a petition filed by Alipato Media Center, Inc., the entity behind Bulatlat, challenging the legality of the NTC’s directive.

Judge Manodon emphasized that the NTC failed to provide sufficient evidence demonstrating a clear and present danger that would warrant blocking the websites. "No competent proof was presented to show that the plaintiff’s publication or operation posed an imminent threat to national security or public order," the decision stated. Consequently, the court found that the NTC's issuance was an unlawful, content-based restriction infringing on constitutional guarantees of free speech and expression.

The court further clarified that by blocking these websites, the NTC effectively imposed prior censorship, preventing publication before any judicial review could determine the legitimacy of the alleged objectionable content.

A thorough review of the NTC’s mandate under Executive Order No. 546 revealed no explicit or implicit authority for the Commission to "block," "restrict," or "limit access" to online content. The court noted that the NTC’s powers are confined primarily to supervising telecommunications services, managing radio frequency licenses, and regulating related utilities.

"The NTC’s authority does not extend to the suppression of content or the restriction of access to online publications as contained in the assailed Memorandum," the court wrote.

Additionally, the court rejected the NTC’s invocation of Section 46(m) of the Anti-Terrorism Act to justify the blocking order. It ruled that this provision does not grant administrative agencies the power to impose restrictions like blocking access without due process.

"To interpret the law as granting such power would unjustifiably broaden its scope and sanction acts beyond the statutory limits of administrative authority," the judgment explained.

This ruling upholds the constitutional protection of free speech and highlights the limits of regulatory bodies in restricting online content without proper legal process.