Duterte’s New Threat to Philippine Press Freedom

When the Philippine government’s solicitor general filed a petition asking the Supreme Court to forfeit the franchise of ABS-CBN, the country’s leading broadcaster, the development attracted international headlines. As it should: While Duterte’s efforts to undermine press freedom are longstanding, this is the most serious threat to press freedom since he took up the presidency in 2016.

The franchise of the TV network is set to expire before the end of March this year. Several bills have been filed in Congress seeking the renewal of the franchise, but the House leadership says there are other more pressing issues that need to be tackled first.

In fact, the delay in deliberating the pending franchise-related measures and the petition filed by the solicitor general reflect earlier Duterte pronouncements threatening the shutdown of ABS-CBN. Duterte has been consistent in criticizing the TV giant for its critical coverage of the government’s controversial anti-drug campaign. Duterte also accused the network of refusing to air his ads during the 2016 election campaign. After stating that the closure of the company is inevitable once the franchise expires, he advised the owners to sell ABS-CBN instead.

The closure threat against ABS-CBN is reminiscent of what happened under Martial Law in the 1970s when the government sequestered the media network and sold it to cronies of then-President Ferdinand Marcos. The Lopez family, which owns ABS-CBN, was able to buy back their company after the toppling of the dictatorship in 1986. Since then, ABS-CBN has expanded and regained its status as a leading media conglomerate with dozens of TV and radio stations operating in major regions across the country.

According to media reports, this time around, the solicitor general argued in its petition that ABS-CBN’s franchise should be deemed invalid because of the company’s numerous tax and licensing violations. Some see such charges as part of an effort by the Duterte administration to undermine the country’s hard-won freedom.

Without discussing the merits of the case, the petition has sparked concern that it could quickly lead to the closure of ABS-CBN; it’s the same legal tool used by the Duterte government to force the ouster of a sitting chief justice from the Supreme Court. A legislator warned that it has had a chilling effect on Congress, which has yet to decide on the franchise issue.

Unsurprisingly, media groups were joined by rights advocates in deploring the action of the solicitor general, the inaction of Congress, and Duterte’s nonstop tirades against ABS-CBN. They pointed out that the closure of a major broadcaster “is a dangerous attempt to control and silence the free press.” Labor groups added that the nonrenewal of the media company’s franchise would mean the displacement of almost 11,000 workers.

The threat to shut down ABS-CBN is part of a troubling pattern of undermining media freedom under the Duterte presidency. Before ABS-CBN, the government filed several cases against digital news group Rappler. More generally, impunity killings continue to victimize journalists, especially provincial broadcasters, with the Philippines remaining one of the most dangerous countries for journalists to operate in. Meanwhile, alternative news websites are targeted by state-backed trolls and hacking operations. Duterte has also repeatedly lambasted the media for peddling “fake news” and distorting the legacy of his presidency.

If the Duterte government succeeds in closing down ABS-CBN, there are fears that it could set a dangerous precedent that can be applied against other critical media networks. Duterte could also threaten smaller media networks to toe the line or else suffer the same fate as the seemingly invincible TV giant.

These developments have potentially wider implications as well. A “friendly” media could help boost Duterte’s propaganda blitz as he faces a UN probe over the human rights violations perpetrated by state forces. And it could also mean less coverage of issues that the public needs to know about the government, such as the failure of the so-called war on drugs, rampant criminality and corruption, worsening inequality, the rising number of Chinese-owned casinos, and the president’s deteriorating health.

Duterte’s supporters are trying to link the ABS-CBN case with the president’s earlier statement denouncing the greed of oligarchs. ABS-CBN is owned by a family with extensive business holdings. While Lopez family members do not directly engage in electoral politics, many of their businesses depend on government contracts.

But that should not detract from the fact that the attempt to intimidate or silence ABS-CBN is clearly a partisan ploy to bully the press into submission. There may be valid issues that ABS-CBN needs to address, like its dispute with contractual workers, but it cannot be denied that the government is exploiting the franchise expiration for political reasons.

The closure of ABS-CBN is expected to be a highly contentious political issue for the Duterte government. The public is aware that Duterte has openly called for the shutting down of the network. If that happens, it will not just be news programs that are going to be off the air, but also entertainment shows, sports, and radio dramas that are watched or listened to by large parts of the Philippine population. Duterte also should not underestimate the solidarity and even resistance that other media networks can express if ABS-CBN is forced to stop operating.

Most of all, Duterte should not forget that the role of the media is intertwined with the Philippines’ history of popular protest, and that an effort to undermine it may dent his popularity and eventually even lead to his demise. For instance, the massive protests against the very popular former President Joseph Estrada were triggered by his order to remove government ads to a major newspaper in 1999, with the order decried as an attack on the press and civil liberties. History may not repeat itself exactly this time under Duterte, but the president and his administration must understand that they are playing with fire.