The revocation of Rappler’s certificate of incorporation by the Security and Exchange Commission (SEC) brings a chilling effect to the media in the Philippines. It is claimed that Rappler violated Article XVI, Sec. 1 of the 1987 Philippine Constitution, which states, “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives, or associations, wholly-owned and managed by such citizens.”
It’s not that the Constitution says there cannot be foreign ownership in media, but it must be limited due to the fact that media plays a vital role in government.
The question is, did Rappler violate the Constitution? No.
Philippine depository receipts held by Rappler’s foreign investors, Omidyar Network and North Base Media, do not even have a vested ownership in Rappler or Rappler Holdings. In fact, the receipts were designed to skirt such prohibitions since it allows the outside firms to invest in, but not own, the company.
These receipts are “investment tools” devised by businesses and lawyers in order to factor in foreign investment without violating the Constitution.
The bearers of these receipts are also not entitled to the same rights owners have; there is no control over day-to-day operations and there is no representation on the board.
The Omidyar Network is not related to Rappler.
Since 2012, the online news site has complied with the SEC. Now, the website’s incorporation has been revoked? The decision reeks of politics!
President Rodrigo Duterte saw attacks on his administration as an eyesore.
During a press conference on June 2, 2016, prior to his inauguration, the then-president-elect called for a boycott of the media, infamously saying, “Kill journalism.”
“I’m challenging you, guys; kill journalism, stop journalism in the country,” Duterte said. “If you are worth your salt, you should accept the challenge.”
Later, on August 24, 2017, he said about the media, “Kaya ako lang ang presidente na bumibira ng Inquirer pati ABS-CBN; binababoy ko talaga kasi alam nila basura, eh (That’s why I’m the only president who attacks the Inquirer and ABS-CBN; I really savage them because they’re trash).”
Critical journalism is the enemy of the dictator.
During the Third Reich in Germany, the Nazi Propaganda Ministry, headed by Dr. Joseph Goebbels, took control of all forms of media and all viewpoints that threatened the Nazis were censored or eliminated altogether.
Benito Mussolini implemented similar censorship as dictator of Italy; while Ugandan dictator Idi Amin killed a number of journalists and banned newspaper critical of him and his administration.
Former Philippine President Ferdinand Marcos ordered the closure of media establishments like the Manila Times, the Daily Mirror, the Manila Chronicle, the Manila Daily Bulletin, the Philippine Daily Express, the Philippine Free Press, Graphic, and The Nation; along with wire agencies. He then created the Mass Media Council, which had the power to grant certificates of authority to newspapers, radio stations, and TV stations.
Media is essential to our daily needs. It is a platform that provides information and it is the duty of those in the industry to provide critical, genuine, and thought-provoking material that scourge politicians.
If the president and his Davao Death Squad weren’t so angry with Maria Ressa and her company, the SEC would have recognized Rappler’s right to exist as an independent media company and the people’s right to a free press.
Unfortunately, Rappler’s problem has nothing to do with ownership, its biggest mistake was telling the truth.
Rappler is not like Mocha Uson, Thinking Pinoy, or Sass Rogando Sassot, who hide under the blanket of politics.
Philippine press that criticizes the Duterte administration are often ostracized by the masses. An attack on a journalist is an attack on democracy and silencing media is an insult to the Constitution itself. The foreboding prophecy of democracy is justified with the assault on media, which symbolizes suppression.
This is how the president delivers the coup de grâce to his opponents./WDJ