Appellate Court says MTRCB’s suspension of T3 is “unwarranted and effectively constituting prior restraint”

Sinabi ng Appellate Court na ang ginawang pagsuspindi ng TV5 sa programang T3 Kapatid Sagot Kita ng Tulfo Brothers na sina (L-R) Raffy, Erwin, at Ben ay sapat na upang masabi nila na, “MTRCB imposed its power in a heavy handed manner and ignored the fact that TV5 franchise’s, like that of other television networks, provides for concurrent rights and responsibilities.”


Kinatigan ng appellate court ang apela ng TV5 sa pagkakasuspinde ng public affairs show na T3 Kapatid Sagot Kita.

Matatandaan na noong nakaraang taon ay pinatawan ng three-month suspension at 100,000-peso fine ang show ng magkakapatid na Erwin, Raffy, at Ben Tulfo.

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Ito’y matapos umano nilang pagbantaan on-air ang mag-asawang Raymart Santiago at Claudine Barretto, na nakairingan ng pangay na kapatid nilang si Ramon “Mon” Tulfo sa Terminal 3 ng NAIA Airport.

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Ayon sa report ni Ina Reformina sa ABS-CBN News ngayong araw, Marso 8, sinabi sa 39-page decision ni Associate Justice Rosmari Carandang na hindi tama ang iginawad na parusa ng Movie and Television Review and Classification Board (MTRCB).

Sinabi sa desisyon na ang parusa ng MTRCB sa TV5 ay “unwarranted and effectively constituting prior restraint.”

Ang mga naging pahayag daw nina Ben, Erwin, at Raffy, ayon sa MTRCB ay “(1) made on live television which carried with it the risk that children would be in the audience;

“(2) it was aired between 5:15pm-5:45pm, again, with the risk that children may be watching;

“(3) that T3 was a public affairs program;

“and (4) the utterances were insults and threats while the program was supposed to serve public interest.”

Pero giit ng korte, “[T]he penalty of three months suspension imposed by the MTRCB is much too harsh for the violation. There was no indication from the MTRCB decision that the MTRCB had already punished the T3 program for a similar event in the past.

"The severe penalty that the MTRCB metes out is akin to a single-strike policy which creates an unsparing and oppressive broadcast media environment rather than one which is tolerant, open and constructive.”

Hindi rin daw napatunayan sa desisyong inilabas ng MTRCB na ang ginawa ng magkakapatid na Tulfo kay Santiago ay hindi “isolated incident.”

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“[T]here was nothing in the MTRCB’s findings showing that T3 aired unlawful content in a sustained manner and for an extended period but that the physical threats uttered against Santiago was an isolated incident.”

Sinabi din sa desisyon, na TV5 “carried out measures pursuant to its right and duty of self-regulation" nang suspindehin nila ang Tulfo Brothers.

Kaya naman ang konklusyon ng appellate court, “The significance of this act of self-regulation by TV5 is very crucial in our conclusion that the MTRCB imposed its power in a heavy handed manner and ignored the fact that TV5 franchise’s, like that of other television networks, provides for concurrent rights and responsibilities.”


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