Closing down ABS-CBN and its impact on free speech in the Philippines

Philippines|Free Expression & the Law

Center for Media Freedom and Responsibility (CMFR)

7 May 2020

4 minute read

Supporters and members of the media gather in front of ABS-CBN’s main office in Manila, Philippines, 5 May 2020, Jes
Aznar/Getty Images

Closing down ABS-CBN and its impact on free speech in the Philippines

The Center for Media Freedom and Responsibility said the forced closure of a major broadcasting network limits the
possibilities of civic engagement and political participation.

This statement was originally published on cmfr-phil.org on 7 May 2020.

In the midst of the tension and fear over the pandemic and requisite community quarantine, the government has forced
a major media company off the air, literally closing it down. ABS-CBN has been cast in near total darkness.

Government closure of any large company affects many lives and leads to the loss of too many productive jobs. A
democratic government should even be more careful in shutting down a media enterprise because this would violate
fundamental rights of free expression and media freedom enshrined in our Constitution.

The regulators at the National Telecommunications Commission (NTC) issued a cease and desist order that closed down
ABS-CBN Corporation on May 5, promptly executed on the day after the current franchise expired. As the House of
Representatives had failed to act on its application, Solicitor General Jose Calida was reported to have warned the NTC
regulators that he would file charges against them, if it allowed the network the grace period to continue operating,
which it has the power to do.

What kind of mean spirit moves these men of power to act with such malevolence?

Legislators believed that there was no reason not to renew the franchise. Any issues raised against the renewal could be
addressed by the appropriate agencies. During a Senate hearing on the issue, the Justice Secretary himself prescribed
this legal action as an option pending the decision of the House where all franchise laws originate.

ABS-CBN is unrivalled in its reach throughout the hills and valleys of the archipelago; its closure at this time deprives
many Filipinos in remote areas with their only connection to the outside world. Among the largest in the region, the
network is followed by many Filipinos in diaspora, in capitals from SEAsia, the Middle East and the US. Filipinos abroad
rely on ABS-CBN for the latest news from home, follow their favorite drama and entertainment program, keeping them
in touch with their roots.

CMFR believes in media diversity. There is value in the small media that serve grassroots communities. But it also notes
the critical need for the broad reach of a giant network like ABS-CBN, which can mobilize impressive resources to air
timely warnings of imminent public danger, to disseminate crucial information in times of emergency, saving lives and
mitigating the impact of calamity and disaster with appropriate assistance. How ironic then that this should be
happening in the midst of a pandemic when daily, citizens are in need of information and guidance.

Television also remains a major source of political information, vital to the effective functioning of an electoral
democracy. The loss of a major network limits the possibilities of civic engagement and political participation.

What is gained by such ruthlessness?

Recall that for almost a year, President Rodrigo Duterte had made clear repeatedly that he wanted to punish ABS-CBN
by cancelling its franchise. The president complained that the network, pointing to the family owners, the kind he had
begun to castigate as “oligarchs,” had failed to air all the political ads his campaign had paid for. Never mind the
network’s explanation that the Manila office got the orders from its office in Davao too late, with little airtime left for
airing. ABS-CBN had offered to return the money that was paid. Although Duterte won and became president, this
mishap clearly still rankled.

So Calida and NTC following the president’s lead are simply out to please their piqued and sulking president. Such
pettiness seems in the end to define the administration. But there is another tendency that opposed the objectives of a
news media enterprise. The president does not like to be criticized, to be questioned, a affliction that has infected other
public officials.

Or are his underlings getting ahead of him? If so, this case would reflect the choice of subalterns, the poor quality of
governance, reflecting weakness of the leader. There are other examples of how poor implementation has messed up
even the good measures to benefit the people. Recall only the recent fiasco over the distribution of social amelioration
and other aid to the poor. These failures have added greater suffering on so many people.

The sorry state of ABS-CBN delivers a message to every media company. Should it be the pleasure of Duterte, this could
happen to other news organizations; which would then spell the end of press freedom under this administration.

CMFR out of a sense of civic duty has made clear its position on franchise power. It must liberated from politics, and the
power assigned to an independent commission. But commissions can be autonomous only to the extent that those to
whom they are entrusted recognize that their duty is to the people and not to any person in power.

Filipinos show that degree of political maturity when their obligation to public service and public welfare are the only
paramount mandate.

Thus must the people served by a free media find the courage to protest, to raise their voices against the closure of ABS-
CBN. Only when the public is moved to exercise their right to free speech and expression can the Constitutional grant of
its protection have full meaning.
ABS-CBN - a media television BUSINESS company owned by Lopezes in the Philippines has its franchise expired last
March 2020 and had its last date of airing on May 4, 2020 after the National Telecommunication Commission (NTC)
issued a Cease-and-Desist Order to the network. The decision of NTC was based on “NO FRANCHISE, NO OPERATION” as
stipulated in the Philippine Constitution. A constitution that the network has disrespected in countless occasions.

After the business network went off air, majority of the Filipinos applauded the firm decision of NTC to finally implement
its laws as the network has been notorious for bypassing the laws of the country. A clear disrespect and contempt to the
laws of the land. Among its violations are the following:

1. The network could not and still did not respond before The 16th Congress’ previous hearings (2014-2016) how the
Lopzes re-acquire the company in 1986. Why did they choose not to respond? You guess is good as mine.

2. The network was found out to be a BIG TAX EVADER in 2016. The administration of Rodrigo Duterte found out how
the company played the tax system of the Philippines. The network did pay billions of pesoses after being caught. Pero
grabe noh ang tagal bago nabisto?

3. The network violated the law by using one TV frequency to numerous channels. Under Republic Act 7908, the
legislative law that grants ABS-CBN a FREE-TO-AIR business from (1995-2020), one franchise should operate one
channel. Clearly, ABS-CBN defies this law by defending that the “new technology” allowed them to broadcast many
channels with only one frequency/franchise. A CLEAR VIOLATION of the law as “new technology” did not exist in R.A.
7908.

4. The network has violated labor law by employing thousand of employees for 10-20 years and are still “contractual”.
To make things worst from not having any employment benefits, the network has laid off thousand of helpless
employees throughout its regime and went unheard. Why unheard? Of course the network did not report it. Thanks to
the former employees of the network who stood-up and speak-up. Maraming salamat na rin sa social media at napag-
alaman natin ang totoong kuwento sa mga empleyado nilang pina-alis nila na hindi naaayon sa DOLE policies. Check on
youtube for the testimonies of their previous employees’ experiences on the network’s injustices.

4. CREATOR OF FAKE and TWISTED NEWS. Thanks to the internet, millions and millions of Filipinos now have the access
to “fact-checking” kung gaano ka reliable at totoo ang mga news na pinapalabas nang ABS-CBN. Prior to the rise of the
internet, the network enjoyed the MONOPOLY of information. Niloko at binaboy ang isip nang mga Pinoy in making false
news to protect their business interests. If you want to learn more how good they are in twisting the news, go to
youtube and you will see papano nila binabaliktad ang mga estorya when compared to GMA-7’s reporting.

5. CHARACTER ASSASSINATION CAMPAIGN. The 2016 Presidential Elections was a game-changer to the Philippine
Politics and to the Filipino People. Then Presidential Candidate Rodrigo Roa Duterte ran for presidency under the great
persuasion and demand by the Filipino people. The Filipinos have reached the heights of their ultimate patience from
corrupts politicians that their quest for a real change was nothing short of an urgent need. ABS-CBN was fully aware of
the clamour among the Filipino people and they knew that his victory is detrimental to their business operations. ABS-
CBN in a very bold move aired a political campaign just 7 days before May 2016 Presidential Elections, the very first in
the world to do so. The campaign used clueless children aged around 8-12 years old where kids delivered provoking
questions as “ito ba ang gusto n’yo maging presidente mamatay tao...” then showing Duterte’s clip where he promised
to work on drug problems of the country. But the video was cut to make sure it was not for war on drugs that Duterte
was talking about in that video clip. For full clip of this video, please visit youtube. Again, it was the first in the world that
a business network who should remain neutral and balance did the most scandalous campaign in an effort to bring down
one specific candidate. Did they succeed? NO, because the Filipinos no longer fell into their trap. Again, thanks to the
strong social media community of the Filipinos worldwide.

6. FOREIGN OWNERSHIP. ABS-CBN Executives did not attend the hearing by the 16th Congress thus avoiding questions
on why the network has foreign owners, a clear violation of the Philippine Constitution. Why did the choose again to
avoid these questions? Well, as the famous line goes, “If you can’t beat them, avoid them.” They knew they will be spit-
roasted in the congress so not showing up saved themselves from embarrassment and possible charges.

7. DEMORALIZING THE FILIPINO YOUTH. ABS-CBN through its entertainment business has been successful in
conditioning the minds of the Filipinos in popularising toxic elements in the society by its Teleseryes on KABIT STORIES,
MURDER, ROBBERY, and the hilarious icons they created like VICE GANDA among others who was not merely yet
satisfied from insulting its guests and co-hosts through his unfiltered words and obvious invasion of physical boundaries
by pushing or grabbing the other’s hair, went on insulting a respected journalist in the name of Jessica Soho and another
leader of a church congregation Pastor Quiboloy. What a good role model indeed. All these in national TV watched by
Filipinos of all ages went tolerated by the network for the sake of ratings. Higher ratings means more sponsors who
wished to do advertisement with the network. More sponsors means more money. The country’s moral censorship?
THEY DON’T CARE. As long as it gives them MONEY. That’s it. After all, this is BUSINESS!

This will take a much longer narrative should we go in to the very specific and details of the network’s transgressions to
the Philippine Government and the Filipino People. Above is an overview and yet if you will dig deeper, you would
understand that the network kept the country poor. And it is necessary for them to do it since they are banking on it.
Being poor both in mind and money is the objective after all. But between the two, creating poor minds is what the
network worked hard for all these years. As Filipinos keep their minds poor, it was very effortless for the network to
deceive the greater population both for money and political purposes. They are “gods“ and thought of themselves as
above the law. No powers from NTC, Supreme Court or even the President could ever dictate them what to do.
Following the constitution? That is NOT even in their vocabulary.

I encourage you to do your due diligence of research and satisfy yourself with evidences found in all resources. Of
course, you should not be looking this information in any ABS-CBN news outlet and their other allies like Rappler as you
will always get what they want you to believe and not the TRUTH you deserve to know.

The permanent closure of ABS-CBN means the end of a monopoly and dictatorship DISGUISED through “News Media”.
The network has been successful in doing this for ages, unfortunately for them, the same Filipino whose minds they
manipulated through lies and deceits are the very same Filipinos who are now awaken. Filipinos who are now seeing the
true business of the network.

Inaanyayahan ko po ang lahat nang mga Pilipino na supportahan ang ating NTC, ang ating Supreme Court upang sila ay
mas hikayatin pa na hindi bigyan nang prangkisa ang isang BUSINESS COMPANY gaya nang ABS-CBN dahil sa pag-abuso
nito sa ating Saligang Batas at sa ating bansa. Patuloy ang ating RIGHT TO INFORMATION via GMA-7, TV5, PTV4, various
radio stations and local news outlet sa buong bansa.

Mabuhay ang mga GISING NA PILIPINO! Mabuhay ang PILIPINAS! YES TO ABS-CBN FINAL CLOSURE!!!