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Rm. N-411, House of Representatives, Quezon City, Metro Manila, Philippines
+63 2 931 5497, +63 2 931 5001 local 7370

Speaker Alan Peter Cayetano, on behalf of the House leadership, has unabashedly admitted that the ABS-CBN franchise hearings will go beyond the May 2020 presidential and general elections to force the network giant to observe “fair coverage” and not “interfere with the elections”.

The intention is to transform ABS-CBN into a docile hostage while waiting for the renewal of its franchise.

It is clear that the House leadership would stonewall its action on the renewal of ABS-CBN’s franchise so that ABS-CBN will “be neutral and (to) never take political sides.”

The constitutionally-protected freedom of the press guarantees that media outlets can take sides, broadcast and telecast differing views, and advocate positions which may be opposed to partisan pronouncements and critical of political personalities so much so that the government even has its own TV channel to espouse and promote the administration’s policies and programs.

R.A No. 7966 which granted the franchise of ABS-CBN does not demand that the franchisee should adopt absolute neutrality because enforced neutrality is anathema to freedom of the press which protects critical commentaries.

Under its franchise, ABS-CBN is only enjoined “not (to) use its stations for the broadcasting of obscene and indecent language, speech, act or scene, or the dissemination of deliberately false information or willful misrepresentation to the detriment of the public interest, or to incite, encourage, or assist in subversive or treasonable acts.”

It is not prohibited to take sides in the exercise of press freedom and freedom of expression.

The “Fair Election Act” likewise does not enforce a policy of neutrality on media outlets and neither does it prohibit them from advocating preferences as long as rival parties and candidates are afforded equal time, space, and the opportunity to reply.

Aside from providing the public with information, public service, and entertainment, a broadcasting network is a catalyst for the formation of differing opinions.

Critical commentary or reasonable preference is protected by the expansive veil of freedom of the press and free speech. It is tolerable, not sanctionable.

The limitation is that the telecast or broadcast must not be libelous or must not constitute a criminal offense.

In the United States, television outlets are allowed to broadcast their own biases so much so that FOX News is invariably pro-Trump and CNN is basically anti-Trump.

In France, the newspaper Le Monde is undoubtedly left-wing while Le Figaro is ultra conservative. The same state of affairs holds true in the United Kingdom where The Daily Telegraph is known for being a right-of-center newspaper which supported the moderate Conservative Party in the 2019 UK elections while The Guardian has a more liberal stance on issues and has traditionally backed the more progressive Labour Party.

The undue delay in the consideration and approval of the 11 bills proposing the renewal for another 25 years of ABS-CBN’s franchise sacrifices press freedom to the demands of partisan politics.

 

EDCEL C. LAGMAN