Date | May 5, 2020–ongoing (4 years and 18 days) |
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Also known as | ABS-CBN shutdown |
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Participants | |
Outcome |
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The ABS-CBN franchise renewal controversy concerns the non-renewal of the congressional franchise of the Philippine broadcast network ABS-CBN,[1][2] one of the country's oldest and most influential media networks.[3] This led to the congressional franchise expiring on May 4, 2020, and the network being forced to temporarily stop its broadcast on May 5, 2020,[4] after the Philippines' National Telecommunications Commission (NTC) issued a cease-and-desist order related to the expiration of the franchise.[1]
Since 2014, the network had applied for the renewal of their franchise through house bills which have been pending in the House of Representatives, but these were not acted upon by the 16th, 17th, and 18th congresses of the Philippines.[1][2] Media advocacy groups[2] and the international press[1][4] have flagged the issue as a press freedom concern since President Rodrigo Duterte, whose allies have a supermajority in both branches of the Philippine Congress,[5][6] has repeatedly expressed displeasure at the network's news coverage,[7] and had previously declared that the network's congressional franchise would not be renewed.[8]
The stoppage marked the first time the network had been off the air since 1986, having been shut down during martial law under Ferdinand Marcos in 1972.[1] The stoppage jeopardized the job security of 11,000 ABS-CBN employees during the COVID-19 pandemic in the Philippines.[1][4]
March 30, 1995 | RA 7966 grants ABS-CBN franchise until 2020[9] |
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September 11, 2014 | HB 4997 filed by Isabela Rep. Giorgidi Aggabao.[10] Lapses at committee level.[11] |
May 5, 2016 | Airing of negative political ad by Antonio Trillanes criticizing then-presidential candidate Rodrigo Duterte's foul language[12] |
May 6, 2016 | Duterte running mate Alan Peter Cayetano files temporary restraining order in Taguig City Regional Trial Court against ABS-CBN Corporation and its executives to prevent the airing of anti-Duterte political ad[13] |
November 10, 2016 | HB 4349 filed by Rep. Micaela Violago[14] |
April-May 2017 | Duterte accuses ABS-CBN of "swindling", "estafa" over his unaired political ads[15] |
August 30, 2018 | HB 8163 filed by Karlo Nograles and Jericho Nograles[16] |
November 8, 2018 | Duterte says he will object to ABS-CBN franchise renewal[17] |
July 1, 2019 | HB 4349 lapses. Refiled in the 18th congress as HB 676[18] and signed by 20 more co-authors.[11] |
July 29, 2019 | HB 3064 filed by Rep. Jericho Nograles[19] |
August 6, 2019 | HB 3521 filed by Rep. Rose Marie Arenas[20] |
August 8, 2019 | HB 3713 filed by Rep. Joy Myra Tambunting[21] |
August 14, 2019 | HB 3947 filed by Laguna Rep. and former ABS-CBN reporter Sol Aragones[22] |
August 28, 2019 | Sen. Ralph Recto files SB 981[23] |
September 2, 2019 | HB 4305 filed by Batangas Rep. Vilma Santos-Recto[24] |
October 29, 2019 | Cayetano says Congress will deliberate.[25] |
November 25, 2019 | HB 5608 filed by Rep. Aurelio Gonzales, Rep. Johnny Pimentel, Rep. Salvador Leachon[26] |
December 3, 2019 | Duterte says he is "still angry", "will see to it that you [ABS-CBN] are out".[27] |
December 4, 2019 | Cayetano says Congress will no longer tackle franchise renewal in 2019.[28] HB 5705 filed by Rep. Rufus Rodriguez.[29] |
December 9, 2019 | HB 5753 filed by Rep. Josephine Ramirez-Sato[30] |
December 30, 2019 | Duterte says ABS-CBN should instead just sell their network[31] |
January 6, 2020 | Albay Rep. Edcel Lagman files HR 639 urging plenary action on the 8 pending house bills.[32][33] |
January 27, 2020 | HB 6052 filed by Makabayan bloc[34] |
January 30, 2020 | HB 6138 filed by Baguio City Rep. Mark Go[35] |
February 10, 2020 | Calida files quo warranto petition to the Supreme Court against ABS-CBN Corporation and ABS-CBN Convergence for its "highly abusive practices".[36] |
February 13, 2020 | HB 6293 filed by Rep. Loren Legarda[37] |
February 14, 2020 | Cayetano says franchise bills "not that urgent".[38] |
February 17, 2020 | Senate minority leader Franklin Drilon files Joint Resolution No. 11 to extend ABS-CBN franchise until 2022[39][40] |
February 18, 2020 | Calida asks the Supreme Court to issue gag order against ABS-CBN.[41] |
February 24, 2020 | Senate Committee on Public Services holds hearing. ABS-CBN CEO and president Carlo Katigbak clarifies unaired political ads. Apologizes for the negative ads, says not intended to offend the President.[42] BIR, SEC clear ABS-CBN of violation allegations.[43] |
February 26, 2020 | Duterte accepts Katigbak's apology. Tells ABS-CBN to donate the P2.9M political ad refund to charity.[44] House Committee on Legislative Franchises asked NTC to issue provisional authority.[45] CDO Rep Rufus Rodriguez filed House Joint Resolution 29 seeking to extend franchise until May 2021.[46] |
March 4, 2020 | Senate passes SRN-344 authorizing NTC to issue provisional authority[47][48] |
March 5, 2020 | Gadon files writ of prohibition against Cayetano, Cordoba and Alvarez, in order to stop NTC from granting ABS-CBN its provisional authority[11] Sen. Bong Revilla files SB 1403[49] |
March 11, 2020 | NTC Commissioner Gamaliel Cordoba says it will allow ABS-CBN to continue operations pending franchise renewal.[50]
Congress goes on recess. Bills for franchise renewal not passed.[11] |
May 1, 2020 | Cayetano says House has "no intention" to order network closure.[52] |
May 3, 2020 | World Press Freedom Day[53] Calida tells NTC officials they may face graft charges if they grant ABS-CBN provisional authority[54] |
May 4, 2020 | ABS-CBN franchise expires. Malacañang says it will not interfere; will let NTC decide.[55] |
May 5, 2020 | Cease-and-desist order from the NTC and Calida.[11] ABS-CBN goes off air.[56] |
May 7, 2020 | ABS-CBN requests a temporary restraining order from the Supreme Court so it may continue operating.[57] |
May 19, 2020 | The Supreme Court accepts the case.[58] |
June 30, 2020 | Two alias cease-and-desist orders from NTC and Calida.[59]
All the exclusive digital channels of ABS-CBN TV Plus ceased broadcasting.[60] |
July 10, 2020 | The House Committee on Legislative Franchises votes 70-11 to deny the 25-year franchise application of ABS-CBN, citing several issues.[62][63] |
July 11, 2020 | Calida says "the end has come. Justice has been served."[64] |
August 25, 2020 | The Supreme Court junks ABS-CBN's TRO petition against the NTC's closure order.[65] |
September 10, 2020 | The NTC recalls all channels and frequencies assigned to ABS-CBN.[66] |
September 18, 2020 | The European Parliament urges the Philippine government to grant ABS-CBN a broadcast license.[67] |
January 4, 2021 | SB 1967 filed by Senate Pres. Tito Sotto.[68] |
January 18, 2021 | HB 8298 filed by Batangas 6th District Rep. Vilma Santos-Recto.[69] HB 8322 filed by Albay 1st District Rep. Edcel Lagman.[70] |
January 19, 2021 | HB 8333 filed by Camarines Sur 3rd District Rep. Gabriel Bordado.[71] |
February 9, 2021 | President Rodrigo Duterte would not allow ABS-CBN to operate even if a franchise was given by the Congress unless the Lopez family already paid all of their taxes.[72][73] |
February 11, 2021 | House Speaker Lord Allan Velasco said that ABS-CBN's franchise renewal will have to wait until the 19th Congress in 2022.[74][75] |
As prescribed by Republic Act No. 3846, or the Radio Control Act, which became effective in 1932, broadcasting networks require a congressional franchise to operate television and radio stations, which usually last for up to 25 years.[76] ABS-CBN, which had been operating since June 13, 1946 and made its first television broadcast on October 23, 1953, had last been granted a 25-year franchise extension on March 30, 1995 by virtue of Republic Act No. 7966 (but later implemented on May 4, 1995). This expired on May 4, 2020 as upheld by the Department of Justice.[77]
The Philippines is touted to have the "freest and liveliest press" in Asia[78][79][80], where media is considered a watchdog[81] and a “fourth estate” helping to maintain the checks and balances of democratic governance.[82][83] Despite this, the country is consistently ranked as one of the world's most dangerous countries for journalists.[84][85][86]
In May 2020, it slipped two spots down to 136th place (out of 180 countries) in the World Press Freedom Index.[87]
Media watchdogs such as Reporters Without Borders,[88] the Center for Media Freedom and Responsibility,[89] Amnesty International,[90] the Photojournalists' Center of the Philippines (PCP), Foreign Correspondents Association of the Philippines (FOCAP), and the Consortium on Democracy and Disinformation (D&D)[91] have noted that various forms of attacks against the press have increased since the Duterte administration came to power in 2016 – with the Philippine Daily Inquirer, news website Rappler, nonprofit media organizations like Vera Files and the Philippine Center for Investigative Journalism, and ABS-CBN being particular targets because of coverage critical of the administration.[91][84][92]
Many of these media watchdogs[91] have issued statements placing the ABS-CBN broadcast stoppage in the context of systemic attacks against press freedom in the Philippines.[91][92]
The ABS-CBN broadcast network is acknowledged to be one of the Philippines' oldest and most influential media networks, run by the Lopez family.[3] The company generates about 50 to 60 percent of the group's total annual revenue mainly from selling airtime of its television and radio properties to advertisers. The remaining revenue is generated from consumer sales through distribution of cable and international channels, as well as operations of over-the-top platform services, and a family entertainment center in Taguig. According to the Philippine Competition Commission, ABS-CBN Corporation controlled "somewhere between 31% and 44%" of the Philippines' total television market as of 2020.[93]
Main article: Martial law under Ferdinand Marcos |
Prior to the 2020 stoppage, ABS-CBN was closed down on September 23, 1972 when martial law under Ferdinand Marcos was announced and the station's television and radio stations were sequestered.[94][95] This stoppage would last until July 1986, when the sequestered stations were recovered and the frequencies returned to ABS-CBN.
During that 14-year period, use of the frequencies was awarded to the Banahaw Broadcasting Corporation (BBC) owned by Marcos crony Roberto Benedicto. Under Martial law, BBC formed a de facto media monopoly with Kanlaon Broadcasting System/Radio Philippines Network (KBS/RPN), Intercontinental Broadcasting Corporation (IBC), and government-owned Government Television/Maharlika Broadcasting System (GTV/MBS). The company's headquarters, the ABS-CBN Broadcasting Center was also sequestered and was renamed as Broadcast Plaza to serve as headquarters of BBC, KBS/RPN, GTV/MBS and from 1980, the Bureau of Broadcasts (BB).[95][96]
Marcos was eventually deposed by the People Power Revolution of February 1986. The revolutionary government which took over later dissolved BBC and returned the frequencies to ABS-CBN in July 1986.
See also: 16th Congress of the Philippines |
In 2014 and 2015, ABS-CBN requested the 16th Congress to tackle the extension of its franchise early, despite the fact that its renewal was not due until six years later, in 2020.[2]
Media sources in the legislature indicated that the network's 2016 initiative was the result of having been "particularly singled out" by supporters of President-elect Rodrigo Duterte because of the perception that they "consistently showed him in a negative light".[2] The Philippine Daily Inquirer reported that a member of the House legislative franchise committee said ABS-CBN "did not want to risk going through the renewal under an 'unfriendly' administration."[97]
The Inquirer's source also said that the initiative "lacked support from President Benigno Aquino III's allies in the House" because they felt that ABS CBN's criticisms against Aquino were "too personal and offensive and went to the point of nitpicking."[97][2]
ABS-CBN eventually had to withdraw these franchise renewal initiatives due to time constraints.[2]
Philippine President Rodrigo Duterte has attributed his objection to the franchise renewal of ABS-CBN to an election ad controversy during the campaign leading up to the 2016 Philippine presidential election. He said the network refused to air his 2016 presidential campaign ads and favored the negative political ads paid by then-vice presidential candidate Antonio Trillanes critical of his remarks on the campaign trail.[98][99]
The network's president and CEO Carlo Katigbak has apologized to President Duterte for not airing his political advertisements during his 2016 polls. President Duterte has accepted the apology, leaving the franchise's renewal to the Congress.[100][101] ABS-CBN also offered to return the money spent for these advertisements, which Duterte declined, stating that the money should be donated to a charity instead.[100]
Meanwhile, Commission on Elections spokesperson James Jimenez defended the controversial ad as being well within Election Law, under "Partisan Political Activity."[102][103]
Throughout his term, which coincides with the 17th and 18th Congress, President Duterte publicly reiterated that he will oppose the 25-year franchise renewal of ABS-CBN.[8]
Opposition lawmakers as well as labor groups objected to Duterte's stand on ABS-CBN as the franchise non-renewal will compromise the employees of the network; stating that the blocking of the franchise renewal had no merit.[104] Opposition groups have stated their opinions that the non-renewal of the franchise violates press freedom.[91]
The President later changed his stance after the network's apology, stating that he will not interfere with the franchise renewal in the Congress. However, the President did not say whether he will veto the bill or not.[100][101]
In November 2016, Nueva Ecija Representative Micaela Violago filed House Bill 4349 in the 17th Congress to renew the network's franchise.[105][106] The 17th Congress adjourned sine die with the bill never getting out of committee.[107]
In the 18th Congress of the Philippines, at least 12 lawmakers has filed their own versions for a new franchise of the network. House Speaker Alan Peter Cayetano has made assurances that the Congress will tackle the franchise with fairness.[108]
On February 24, 2020, the Congress finally made its decision to tackle their franchise renewal.[109] During a Senate hearing on the same day, public services panel chair Grace Poe stated they were to tackle ABS-CBN's compliance with the terms and conditions of its franchise.[110] The conclusion was that there was no breach of laws or franchise terms. The following is a summary of the findings:
On February 10, 2020, Solicitor General of the Philippines Jose Calida filed a quo warranto petition before the Supreme Court of the Philippines seeking to disfranchise ABS-CBN and its subsidiary ABS-CBN Convergence over alleged breaches of its franchise, including operating its pay-per-view service Kapamilya Box Office (KBO) and constitutional restriction on foreign ownership of mass media.[112] The network responded to disprove the allegations levelled against it.[113]
Within the same month, various congressmen urged the National Telecommunications Commission (NTC) to grant a provisional authority to ABS-CBN to continue operations after the lapse of its current franchise until Congress has made a decision on its franchise application.[114] Having consulted with the Department of Justice (DOJ), the NTC affirmed in March 2020 that it would "likely" issue a provisional authority to ABS-CBN and "let ABS-CBN continue operations based on equity".[115] However, the Federation of International Cable TV and Telecommunications Associations of the Philippines (FICTAP) questioned the provisional authority, stating that it would be unconstitutional.[116]
On May 3, 2020, Calida warned the NTC against granting the provisional authority to ABS-CBN, citing a Supreme Court decision in 2014, stating that provisional authority can only be granted after the franchise is secured in the Congress.[114][112] In the same statement, Calida cautioned that the agency would put itself at risk of prosecution under the Anti-Graft and Corrupt Practices Act should they issue the provisional authority without a legal franchise being held by ABS-CBN's operating companies, and that a 1991 DOJ's opinion stating the NTC may issue provisional authority without a legal franchise was turned over by the Supreme Court.[112]
On May 5, 2020, NTC issued a cease and desist order to temporarily close its broadcasting operations, including its radio stations DZMM, its television counterpart, DZMM TeleRadyo and MOR, following the expiration of its broadcast franchise the day before.[117][118][119][1][120][4] The cease and desist order covers 42 television stations operated by ABS-CBN across the country, including the main ABS-CBN Network, ABS-CBN Sports and Action, 10 digital broadcast channels, 18 FM stations, and 5 AM stations. However, ABS-CBN News Channel and its sister cable channels (run by subsidiary Creative Programs), as well as its online properties, and production companies Star Music and Star Cinema, were allowed to continue as their operations are not contingent on the legislative franchise.[121]
The network signed-off the air together with DZMM (except its television counterpart, rebranded simply as TeleRadyo following the newscast, temporarily signed-off at 8:15 p.m. following SRO: Suhestyon, Reaksyon at Opinyon), MOR and S+A at 7:52 pm (PST) following the news program TV Patrol and with the playing of the national anthem "Lupang Hinirang;" the newscast also simulcasted on DZMM, S+A and MOR stations before the sign-off.[122] ABS-CBN executives Carlo Katigbak and Mark Lopez aired statements appealing the NTC cease and desist order.[123][124] ABS-CBN was also given 10 days to explain why its assigned frequencies should not be recalled.[125]
Before the expiration of the broadcast franchise, ABS-CBN talents and employees conducted weekly demonstrations in front of its headquarters in Quezon City as well as in its regional stations from January to February 2020.[126][127] During these demonstrations, presidential daughter and incumbent Davao City Mayor Sara Duterte-Carpio expressed support for the franchise renewal.[128]
The NTC's cease and desist order on ABS-CBN was met by widespread criticism by the Association of Broadcasters of the Philippines (in which the network is one of its members),[129] as well as various advocacy groups,[130][131] business organizations,[132][133] the local Catholic church,[134][135][136] and even some members of the Congress. Several journalists and celebrities from the network and its rival GMA Network expressed solidarity with ABS-CBN after it was ordered to cease its radio and TV broadcast.[137][138] The hashtag #NoToABSCBNShutDown topped the local and worldwide Twitter trending lists the same day.[139]
Within a day, numerous colleges and universities in the Philippines, including the UPLB College of Development Communication, Ateneo de Manila University and its Communication Department, the University of Santo Tomas, St. Scholastica's College and its Mass Communication Department, De La Salle University, and the UP Diliman College of Mass Communication released statements supporting the franchise renewal of ABS-CBN.[140]
The network's shutdown is noted to have placed the job security of 11,000 ABS-CBN employees in jeopardy during the COVID-19 pandemic, though the company assured them stable salary, and complete health and financial benefits for the next 2 months following the shutdown.[1][4] In response, the government may give a 2-month aid to the employees of ABS-CBN.[141]
GMA Network's shares increased by 24% as the Philippine Stock Exchange voluntarily suspends ABS-CBN's trading. However, investors remained cautious on GMA's stock rally due to the effects of the shutdown on business confidence.[142][143]
President Duterte has denied involvement with the network's shutdown.[144] He also thanked the network for its assistance to the country during the COVID-19 pandemic.[100][145] According to his spokesman, Harry Roque, the president cannot mark the bill renewing ABS-CBN's franchise as urgent because it involves private interest, and that the president will be neutral to the renewal.[146]
The criticism behind ABS-CBN's shutdown mainly revolves around the NTC, for lack of fairness on the agency's cease and desist order on the network, and Congress - especially the lower house - for inaction to pass the franchise renewal bill.[147][148]
ABS-CBN's shutdown received international attention as news websites, magazines and newspapers including The New York Times,[4] The Washington Post,[1] Variety,[149] BBC News,[7] CBS News,[150] Time,[3] Al Jazeera,[120] The Guardian,[151] the Associated Press,[152] ABC News,[153] the Financial Times,[154] and The Straits Times[155] published stories on the network's shutdown.[156]
On May 5, 2020, DZMM TeleRadyo rebranded as simply TeleRadyo after its AM counterpart was forced to cease and desist by NTC's order.[citation needed] It resumed regular programming on May 8, airing the usual DZMM programming.[157] TeleRadyo is carried through ABS-CBN TV Plus, making it one of three exclusive channels (the others being Cine Mo! and Yey!) that remain operational on digital free-to-air television after the NTC's order takes effect.[157] ABS-CBN later clarified in a statement that the three channels, along with Kapamilya Box Office channel, continued broadcasting and received in Metro Manila, Laguna province, Iloilo province, and selected areas of Baguio City through a blocktime agreement with an unnamed third-party broadcast company.
That same day, MOR Philippines also resumed its online and cable operations through a national programming service set up by the network's flagship station in Metro Manila.[158]
On May 7, 2020, two days after the main network ceased broadcasting, ABS-CBN Corporation filed a petition for certiorari and prohibition, as well as temporary restraining order before the Supreme Court of the Philippines, seeking to nullify the NTC's cease and desist order.[159] On the other hand, the Senate and the House of the Representatives filed respective bills urging NTC to reconsider its order, as well as to abolish the agency itself.[160][161]
On the same day, ABS-CBN's flagship news program TV Patrol resumed broadcast on the ABS-CBN News Channel, as it simulcast the program from the main network since March due to the COVID-19 pandemic programming changes.[162] It was also simulcast on its news website, its Facebook and YouTube pages, as well as on The Filipino Channel to viewers outside the country.[163] The 1st day of broadcast mainly covered the effects of the network's shutdown as well as the COVID-19 pandemic updates.[citation needed]