Then, a Press Release was issued by respondent NTC, essentially warning broadcast stations, "[i]f it

has been subsequently established that the said tapes are false and/or fraudulent after a
prosecution or appropriate investigation…[,] that their broadcast/airing of such false information
and/or willful misrepresentation shall be just cause for the suspension, revocation and/or
cancellation of the licenses or authorizations issued to the said companies." 2 These essentially are
the antecedent facts raised in the petition.

Petitioner presents two general arguments for our determination: that respondents violated the
constitutional provisions on the freedom of expression and of the press, 3 and of the right of the
people to information on matters of public concern;4 and that the NTC acted beyond its powers as a
regulatory body when it warned broadcast stations of consequences if they continued to air the
contents of the disputed tapes.5

Fifteen (15) pages are assigned to the first issue, while four (4) pages are allotted to the second
issue concerning the NTC. In the context of arguing that there had been prior restraint, petitioner
manifests that "the threat of crackdown on media and the public were calculated to sow fear and
terror in advance of actual publication and dissemination of the contents of the controversial
tapes."6 Because of such "fear and terror," the public was denied free access to information as
guaranteed by the Constitution.