MANILA -- Sonshine Media Network International (SMNI) plans to ask the National Telecommunications Commission (NTC) to reconsider its order for the broadcast network to cease and desist operations, pending resolution of its administrative case.

SMNI’s legal counsel Atty. Mark Tolentino said they will file the motion for reconsideration before the NTC not later than next week, as he tagged its order “unconstitutional.”

“Klarong-klaro sa ating jurisprudence, any order, ruling, decision of any government agency that affects freedom of the press and freedom of expression are considered unconstitutional,” he told ABS-CBN News.

The NTC issued the order last January 18 after it received reports that SMNI defied an earlier 30-day suspension order by the Commission, which stemmed from a house resolution that found the broadcast network violated provisions of its franchise.

The NTC added that the January 15 deadline given to SMNI to answer the show cause order it previously issued has lapsed without compliance.

• NTC orders SMNI to cease and desist operations pending final resolution of case

Tolentino disputed NTC’s claim that they continued to operate in Region 6 until last December 27.

“We complied in good faith… Wala talagang operations sa buong Pilipinas… Lahat ng station managers sa region 6, tinawagan namin. All their station managers, they are willing to execute an affidavit,” he said.

SMNI filed an answer to NTC’s show cause order last January 19.

“Nakalagay po sa rules, ‘pag na-deny ang motion for the bill of particulars, we were given by the rules five days to file a reply. Nag-file kami ng reply within that 5-day reglementary period,” Tolentino said.

In its reply, SMNI asserted that it did not violate the provisions of its franchise.

• SMNI seeks more details on alleged violations

“Wala namang deliberate false information… It should be intentional. The information should be done in bad faith. Kung hindi nila mapapatunayan ‘yan, there is a presumption that SMNI is in good faith… Under the jurisprudence… even inaccurate reports are still covered by the freedom of the press and freedom of expression,” Tolentino said.

House Committee on Legislative Franchises Chairperson Rep. Gus Tambunting stood by his panel’s findings.

“There are three violations, among them is fake news. ‘Yung freedom of expression, ‘yan ang lagi nilang depensa. They also have the moral responsibility to tell the truth. Fake news has no space in our democratic space,” he said.

The House committee expects to begin next month the deliberations on the bill seeking to revoke SMNI’s franchise.

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