JUST IN: Office of the Solicitor General files a petition with the Supreme Court asking to rescind Rappler's fact checking agreement with Comelec. But SolGen Jose Calida aren't here, neither are lawyers, they sent admin staff to file @rapplerdotcom
We haven't seen the petition but according to the press statement, OSG argued the fact checking deal constituted the unconstitutional prior restraint on free speech. This is unchartered territory, using the press' favorite defense against the press.
In OSG's letter earlier sent to Comelec, Calida said the fact checks will violate free speech as it "has become highly contentious as it may result to a monopoly of truths."
Prior restraint example is when NTC warned media not to publish Hello Garci. SC said it violated free speech because it was prior restraint, or prohibiting content even before publication. Here, it's like saying - if you prohibit fake news to be published, it's prior restraint
UP Constitutional Law Professor Dan Gatmaytan said this argument on prior restraint is "confusing at best." He says "the MOA does not constrict the press in any way."
Admin staff of the OSG giving us a copy of the press statement, say they are not authorized to speak or even give a copy of the petition. When Calida filed the quo warranto vs ABS-CBN, he filed it himself.
OSG claims that by being a fact checking partner, Rappler is "taking part or influencing in any manner in any election." OSG calls Rappler foreign funded, citing PDR case that still pending with CA. In 2018, CA said when Omidyar donated PDRs the problem has been removed.
Unlike pre-pandemic times, we couldn't go to the docket section because of health protocols. But later we saw an SMNI staff live vlogging from inside. When we asked SC security, they told us SMNI staff initially said he was from Malacañang.
Story so far, as we try to get copy of the petition: rappler.com/nation/electio…
The advisory that OSG will file did not come from the OSG itself, but from Larry Gadon, senatorial candidate of the Marcos-Duterte slate
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