SEC Vs Rappler

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SEC vs Rappler

By: Mia A. Adlawan

AROUND early January, the Securities and Exchange Commission (SEC) ordered the revocation of online
news website Rappler’s business registration over questions on foreign ownership that the site has long
addressed.

Rappler “sold control to foreigners,” the SEC said in a resolution dated January 11.

“The [SEC] En Banc finds Rappler, Incorporated and Rappler Holdings Corporation, a Mass Media Entity
and its alter ego, liable for violating the constitutional and stator Foreign Equity Restriction in Mass
Media, enforceable through laws and rules within the mandate of the commission,” the SEC order reads.

But as for the news website, it denied the SEC’s claim that Omidyar Network, a fund created by eBay
and entrepreneur Pierre Omidyar, controlled its operation.

Rappler has contended that its funding from Omidyar Network is through Philippine Depositary Receipts
(PDR).

Contrarily speaking, President Rodrigo Duterte’s State of the Nation Address in July 2017 emphasized
that it is owned by foreigners and that it should be investigated.

Furthermore, the news website argued in its report on the SEC decision that a PDR is a financial
instrument that does not give the owner voting rights in the board or a say in the management or day-
to-day operations of the company and that several large media companies have PDR.

“They invest, but they don’t own. Rappler remains 100-percent Filipino-owned,” it said, referring to its
statement issued in July 2016.

The SEC’s kill order revoking Rappler’s license to operate is the first of its kind in history – both for the
Commission and for the Philippine media.

With the issue at hand, Rappler released a statement after the decision was released, calling on the
public to defend press freedom.

The National Union of Journalists of the Philippines (NUJP) expressed an outrage at the revocation of the
news website’s business registration.

NUJP said Duterte’s threat to have Rappler investigated was one of many that the president has made
against media perceived critical of the administration such as the Philippine Daily Inquirer and broadcast
network ABS-CBN, whose franchise renewal he threatened to block.

The NUJP said it "declares its full support to Rappler and all other independent media outfits that the
state has threatened and may threaten to shut down."

It also called on "all Filipino journalists to unite and resist every and all attempts to silence us."
While in the statement of the National Press Club (NPC), press freedom is not curtailed by the SEC
decision on Rappler.

“In the broader Philippine media industry, Rappler is just one among the thousands of media entities in
the country and whose operations have remained free," NPC President Paul Gutierrez said.

In the press statement, the NPC believed that the exercise of press freedom in particular, and the
freedom of expression, have not been affected nor threatened with the findings of SEC that online news
website violated the strict constitutional provision 100 percent control and ownership of mass media
and its decision to close down the media outfit.

According to Gutierrez, the NPC purposely delayed the release of their statement regarding the matter
to thoroughly read the entire decision in order for it to not be swayed by the prevailing emotion of the
moment.

As NUJP stands behind Rappler’s press freedom, NPC emphasized that there are 436 television
broadcast stations, 411 AM radio stations, over 1,000 FM radio station, more than 400 newspapers, and
countless bloggers continue to operate freely.

“To say that the fate of one media entity found to have run afoul with the law translates to media
repression in the county is stretching the argument a bit too much,” Gutierrez said.

“Responsible journalism also means complying with the law,” he added.

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