FEBRUARY 10, 2020 – The Duterte administration’s top lawyer on Monday asked the Supreme Court to nullify the legislative franchise of the country’s largest broadcast network, citing violations of its license to operate.
The Lopez family-controlled broadcast network has been at the receiving end of President Rodrigo Duterte’s tirades in the past three years as it seeks to renew its franchise which will expire next month.
Solicitor General Jose Calida personally filed a quo warranto petition before the Supreme Court against ABS-CBN Corporation and its subsidiary, ABS-CBN Convergence Inc.
“We want to put an end to what we discovered to be highly abusive practices of ABS-CBN benefiting a greedy few at the expense of millions of its loyal subscribers,” Calida said in a statement. “These practices have gone unnoticed or were disregarded for years.”
Calida argued ABS-CBN has violated the Constitution by broadcasting for a fee and by allowing foreign investors to take part in its ownership.
Under Section 11, Article XVI of the Constitution, ownership and management of mass media are limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by them.
He also cited the company’s operation of a pay-per-view channel in ABS-CBN TV Plus and the KBO Channel without securing approval from the National Telecommunications Commission.
The ABS-CBN Convergence Inc., was also accused of resorting to an “ingenious corporate layering scheme” to transfer its franchise without Congress approval.
Rachel Khan, a journalism professor at the University of the Philippines said the solicitor-general ‘s move was “clear attack on press freedom”, questioning the timing of the case when the franchise renewal is already pending in Congress.
The National Union of Journalists in the Philippines also condemned the solicitor-generals move to shut down ABS-CBN.
“This proves without a doubt that this government is hellbent on using all its powers to shut down the broadcast network whose franchise renewal, now pending in Congress, President Rodrigo Duterte has personally vowed to block,” the NUJP said in a statement. “So much so that it would risk trampling on Congress’ authority to legislate franchises.”
The president’s spokesman, Salvador Panelo distanced from the solicitor-general legal moves, saying Malacañang does not have anything to do with the petition.
The company’s franchise is already set to expire at the end of March.
But there were already bills filed by several lawmakers to seek renewal of ABS-CBN franchise still pending in ￼Congress, endangering the employment and livelihood of hundreds of workers with the network.
Even if the bill passes in both chambers, the franchise would still pass through the president for final approval and signing into law.
Since assuming presidency in 2016, Duterte has repeatedly threatened to shut down one the country’s biggest broadcast network for not airing his paid political advertisements during the 2016 presidential campaign. (Karen Macalalad/MM)
Our Privacy Commitment
TV5 Network Inc. values and respects your right to privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its Implementing Rules and Regulations.
Why do we collect your personal information (as applicable)?
We collect and maintain basic information about you as users of TV5 sites for the following purposes:
Where do we get your personal information?
There are several ways we collect your personal information.
Information that you personally provided.
Most of the personal information we have are those that you have provided us when you:
Information we collect during your engagement with us
We also collect information as you use our products and services, like:
Information we collect from other sources
We also collect your personal information through other activities such as our market research initiatives, when you visit and use our websites and mobile apps, and from our subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.
When do we disclose personal information?
There are circumstances when we are required to share some of the information you have provided us. In these cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels that is in compliance with the Data Privacy Act and other privacy laws.
In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with:
How we protect your personal information
We also put in effect the following safeguards:
TV5 will not collect, use, or disclose your personal information for any purpose other than those identified in this Commitment, your Service Agreement or our Terms of Service, and any other purpose that you may have given your consent for.
For greater clarity, unless you provide specific consent, we shall not:
What are your choices?
You are given certain rights in relation to your personal data under the Data Privacy Act. We would like to ensure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you do have choices and can object or withdraw your consent and/or edit your consent preferences at any time.
If you wish to have access to your personal information in our records; or you think that such personal information we have of you is incomplete, not up-to-date, or otherwise inaccurate, you may get in touch with our Data Privacy Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect any requested changes to your personal information.
Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
What happens when there are changes in our Policy?
You will always be provided notice if these changes are significant and, if we are required by law, we will ensure to obtain your updated consent.