Rappler vs Bautista: SC allows livestream of debates

(UPDATED) In a 14-0 vote granting Rappler's petition, the Supreme Court stresses the 'public function of
the debates and the need for the widest possible dissemination of the debates'
MANILA, Philippines (UPDATED) The Supreme Court (SC) announced on Wednesday, April 6, that it
lifted key restrictions in the coverage of the presidential and vice presidential debates, allowing media
companies to livestream the events.
In a 14-0 vote during its en banc session in Baguio City on Tuesday, April 5, the SC granted the petition of
Rappler to stop Commission on Elections (Comelec) Chairman Andres Bautista from restricting online
access to the debates. (Associate Justice Estela Perlas Bernabe is on leave and thus did not vote.)
The presidential and vice presidential debates can now be "shown or live streamed unaltered in
petitioner's and other websites subject to the copyright condition that the source is clearly indicated,"
the High Court said.
This was not allowed in the first two presidential debates that were held in Cagayan de Oro on February
21, and Cebu on March 20, with the Comelec and media organizers citing the Memorandum of
Agreement (MOA) as basis for the restrictions.
Interpreting the MOA differently, the SC stressed that the agreement, signed by Bautista and 8 media
organizations, including Rappler, "recognizes the public function of the debates and the need for the
widest possible dissemination of the debates."
In the resolution penned by SC Senior Associate Justice Antonio Carpio, the Court said: "The political
nature of the national debates and the public's interest in the wide availability of the information for the
voters' education certainly justify allowing the debates to be shown or streamed in other websites for
wider dissemination, in accordance with the MOA." Justice Marvic Leonen issued a separate concurring
opinion. (READ: Comelec chair discriminated vs Internet-based media Leonen)
The Court added: "The freedom of the press to report and disseminate the live audio of the
debates...can no longer be infringed or subject to prior restraint," the Court said. "Such freedom of the
press to report and disseminate the live audio of debates is now protected and guaranteed" by the
Constitution.
Rappler CEO and executive editor Maria Ressa said, "We welcome the Supreme Court's decision to
uphold the freedom of the press. Because of this decision, all sites will now be able to livestream the
vice presidential debate on Sunday, April 10, and the last presidential debate on April 24. This will allow
viewers to watch the debates on their preferred online platforms. We look forward to working with
Comelec in the lead up to the crucial 2016 elections."
Takes effect immediately
The High Court said that its resolution takes effect immediately due to time constraints.

There are only two debates left the vice presidential debate on Sunday, April 10 (organized by CNN
Philippines and BusinessMirror), and the third and final presidential debate on April 24 (organized by
ABS-CBN and the Manila Bulletin).
In only partially granting the Rappler petition, the SC chose not to nullify the specific provisions that
Rappler wanted nullified in its suit against Bautista.
The provision covered in the SC resolution is the following portion from the MOA:

Part VI (C), paragraph 19

o

Online streaming. Subject to copyright conditions or separate negotiations with the

Lead Networks, allow the debates they have produced to be shown or streamed on
other web sites

The MOA, according to the SC, has "not reserved or withheld the reproduction of the debates to the
public but has in fact expressly allowed the reproduction of the debates" subject to the condition that
the source is clearly indicated.
Last February 21, ahead of the first presidential debate (organized by GMA-7 and the Philippine Daily
Inquirer), Rappler had filed a lawsuit against the Comelec chief.
Rappler pointed out that certain provisions in the MOA granted broadcast rights to the presidential and
vice presidential debates only to the country's biggest networks to the detriment of all other media
outlets, including the government-owned PTV4.
Aside from Part VI (C), paragraph 19, Rappler also questioned the following provision:

Part VI (D), paragraph 20

o

News reporting and fair use. Allow a maximum of two minutes of excerpt from the
debates they have produced to be used for news reporting or fair use by other media or
entities as allowed by the copyright law: Provided, that the use of excerpts longer than
two minutes shall be subject to the consent of the Lead Network concerned.

These two provisions were not nullified by the Court, as sought by Rappler. But the Court order in effect
lifts the livestreaming restrictions imposed by the Comelec and media organizers on the debates based
on these provisions.
In filing the case against Bautista, Rappler said: "By discriminating against Rappler, its constitutional right
to equal protection has been violated. That the discrimination was aimed at restraining Rappler's free
press rights makes the violation all the more reprehensible."
Media companies, including Rappler, had signed a MOA with the Comelec to mount a series of national
debates ahead of the May polls.

Rappler pointed out that "online news groups were excluded from the MOA in terms of coverage and
live video streaming rights a MOA Rappler signed based on good faith assurances that access would be
granted. That didn't happen." Rappler.com