"The network was ordered closed because its franchise had expired, period."
"The network was ordered closed because its franchise had expired, period."I find it quite bothersome to see some of my colleagues in the media industry succumbing to the line of an organized group that the closure of ABS-CBN has something to do with the curtailment of press freedom when in truth and in fact, they know very well they have enjoyed the freedom to write and air whatever spin they would have concocted in the stories they have gathered in the furtherance of their work.
Though not absolutely as they are still subjected to existing laws. However, aside from cases of libel which has become too quite normal for journalists, it seems I have yet to hear a media practitioner slapped with other cases like inciting to sedition or rebellion, except maybe for one blogger Rodel Jaime, who has admitted to uploading the Bikoy videos.
But for criticizing the government, I have to hear one. In fact, I don’t recall any instance wherein President Rodrigo Duterte has filed any libel case against anyone who has criticized him, since he assumed office in 2016. I myself had been a harsh critic of the President even at the time he was still campaigning. To date, I still hit him every once in a while especially when he attacks my religious beliefs.
Other media outlets are also regular critics of the President. And among them is a print media owned by a magnate who happened to earn Duterte’s ire. But still, his publication remains to be one of the biggest. And still, Duterte has yet to lift a finger against this publication, if there is indeed truth that press freedom in the country is being curtailed.
Am I elated with the closure of ABS-CBN? No, I enjoyed working with people form the network during coverages. I have friends there and I sympathize with them for what happened to their network.
But we all know that ABS-CBN was ordered closed simply because its franchise had expired. Maybe Duterte is raging mad against the network for not airing his ad during the 2016 presidential campaign and instead aired a negative ad against him. And he has not shied showing his displeasure.
But then, he is not the one who is empowered to initiate the granting or renewing a congressional franchise for any television network. Congress is. The President only signs the franchise once it reaches his office upon approval of both chambers.
But surprisingly, Congress, led by Speaker Alan Peter Cayetano did not act on ABS-CBN’s application for renewal. While he has, on many occasions bared, that he is in favor of renewing the network’s franchise, he did not nothing to remind House Legislative Franchise chair, Franz Alvarez to start hearing for the franchise renewal even as the President had already reminded to do their job. In fact, Buhay Congressman Lito Atienza has lambasted them for not doing their job, which was to hear the franchise renewal application.
Are they afraid they might put Duterte on the spot if they approve the renewal and present it to him for signing, something which he might not be comfortable with? But they did exactly that when they delegated to the National Telecommunications Commission the responsibility of granting ABS-CBN a provisional franchise, something which runs against the Constitution.
Aside from Cayetano and Alvarez, who are to blame for the ABS-CBN franchise fiasco?
According to a news article published by the Philippine Daily Inquirer on June 11, 2016, ABS-CBN actually applied for its franchise renewal in 2014, wherein two bills were filed sponsoring its application. The first was filed by Isabela Rep. Giorgidi Aggabao, filed in September 2014, and another by Baguio Rep. Nicasio M. Aliping Jr., filed in December of the same year.
But the same report, citing sources, added that the application was never approved as ABS-CBN lacked support from then President Noynoy Aquino’s allies in the House as they felt “the criticisms against the President were too personal and offensive and went to the point of nitpicking.”
Incidentally, 2014 was also the same year former presidential sister Kris Aquino “disengaged” with ABS-CBN.
There were also claims that the franchise was never renewed due an intense opposition from cable TV service providers’ organization.
According to Federation of International Cable TV Associations of the Philippines chairperson Estrellita Tamano, they opposed the renewal application of ABS-CBN in 2014 and have been opposing it until now because of certain violations.
First, the network allegedly changed the word “channel” in the wording of their franchise to “channels,” enabling them to add additional channels using only one franchise. Tamano said the law stipulates that one franchise is only good for one channel.
ABS-CBN did so, according to Tamano, by selling a TV-Plus gadget to its viewers which provided them with additional six channels, for P2,500 each. With an estimated 9 million subscribers, the network reportedly made P18 billion.
This act of ABS-CBN, Tamano said forced the closure of other cable TV service providers.
I was covering Congress during the period in question but I cannot recall any hearing conducted then for the purpose of ABS-CBN’s franchise renewal, nor of the opposition raised by FICTAP.
But what I find weird is why there were no allegations of curtailment of press freedom when the network’s franchise was never renewed then.
But now, they are heavily invoking on the violation pf press freedom and less than Cayetano and Alvarez are passing the buck to NTC, which reflects on Duterte. Some are even calling on Duterte to overrule NTC and grant ABS-CBN a provisional franchise. Then what? File an impeachment case against Duterte for violating the Constitution?
Interestingly, some are raising the issue of the pandemic on the franchise issue? Why cancel it now in the midst of a crisis? What happens to the 5,918 employees of the network (Not 11,000 as they have admitted during a Senate hearing)?
Why? Does a crisis justify violating the law? Actually, NTC’s decision is hailed by lawyer Larry Gadon as a triumph of the rule of law.
For if the situation is to play a major role here, then Duterte could have easily used that line of reasoning to realign the budget to address the pandemic instead of asking Congress to grant him emergency powers. Congress could have easily delegated its legislative powers to the President and asked Duterte to enact the Bayanihan Act by himself. But no, that shouldn’t be. NO situation can justify any violation of any law, much more, the Constitution.
But unfortunately, some groups are out to take advantage of the situation for the advancement of their interests. They are muddling the issue to better suit them. They insist on using the issue of press freedom obviously when obviously it is not.
They are sowing confusion in the hope of triggering a flashpoint. Or better yet, they are planting the seeds of chaos.
Borrowing a line from a friend, Joe Zaldarriaga, we must be wary of the agitator's trap.