Gonzales, Rafael Francesco

Write up on the ABS – CBN Franchise Renewal

Introduction
The ability to criticize and to speak out against what one perceives to be a threat to
democracy is an essential aspect of freedom of speech. Not only is it an essential
aspect of freedom of speech, its almost the entire point of freedom of speech. To
speak against, to be critical, to demand certain things, these are what modern
society is built on. It cannot be ignored that the ability of a prominent media outlet
to take a certain political stance, to take its own political ideals, and then spread
this to the public, is a pseudo-check and balance on the powers that be. Thus, when
there is even an inkling of a threat to this ability, when there are hints of restriction,
it is not unreasonable for people to be outraged.
On the other hand, however, to look at the franchise renewal issue in this lens only
is too simplistic and holds this issue in a monochrome tone. To say it was
erroneous because it violated freedom of speech, while perhaps not exactly
incorrect is most certainly inaccurate. This issue has never been as simple as many
perceive it to be, while of course, a franchise granted to broadcast media outlets
may not be revoked. This is not disputed. To allow anyone to close a franchise
granted to news media outlets will be tantamount to having a loaded gun facing a
reporter instead of a teleprompter. But there was no revocation in this case. There
was a non-renewal. Not much different in how it affects ABS – CBN and its
employees, not much in how it may serve to silence a noted critic of the
administration, but a world away in terms of the legality and validity of the act (or
perhaps more appropriately inaction) that lead to the closure of ABS – CBN. A
closure of a broadcast media outlet is impermissible, but the non – renewal of a
franchise is perfectly legal and is even seen in some lights as a check on the quality
of a franchise grantee, a manner of ensuring that a grantee not rest on his laurels
and rely on a perpetual grant of a franchise which would clearly be contrary to the
principle of public utilities being public servants.
Then of course is the common sentiment that what is legal is not always right. Just
because something is, in the eyes of the law, valid does not mean that it is in fact
what is right. To say that since the non – renewal was legal, it was proper, is also
while not entirely correct, is also an inaccuracy.
Relevant occurences
The series of events which lead to the closure of ABS – CBN began in 2014. Here
members of Congress declined to renew the franchise of ABS – CBN but this, at
the time, was not a red flag. The expiration would only be 6 years later and there
were no signs that they might be closed. Then, in 2015, momentum for the
candidacy of then Mayor Rodrigo Duterte was growing. There were loud calls in
Davao for the Mayor to run, and he had already built a seemingly tough – on -
crime, outsider, disestablishmentarian, relatable politician. The momentum grew
further, and the coverage from ABS – CBN had been consistently critical. This was
not a surprise as they had always presented then – Mayor Duterte in a negative
light. They were critical of his outlandish comments stating that he would kill
those who would artificially control the price of rice years before there was even a
thought of Duterte running for the Presidency. Then there was the issue of the
attack ad in the 2016 election. This was indeed the proverbial point-of-no-return.
When ABS – CBN released that advertisement, it was a clear blunder. It felt, even
to many critics of the President, as uneasy, as unnatural. And if even those that
were in agreement with them were not comfortable, then the rabid supporters of
President Duterte were certainly incensed. Only this year, when the franchise
renewal issue was at a head did the President respond, in a passive aggressive tone
no less, stating that the franchise renewal matter was to be left to the discretion of
Congress. A cheeky hint perhaps at the fate of ABS – CBN. But from the
beginning of his term up until 2020 he had been clear that he was against the
renewal of ABS – CBN’s franchise. There were events that followed that fateful
2016 campaign night, but it is clear that at that point, if Duterte had won, and from
the polls at the time it was becoming undeniably clear that he would win, that ABS
– CBN were in the throes of a battle for survival. Quite ironically, there were
questions about the legality of the ad ran in 2016, with some claiming a possible
violation of election laws with the COMELEC having to state that it was in fact
perfectly legal. A lesson they would soon have to relearn 4 years later.
Conclusion
There must be a clear reconciliation of these issues, and more urgently, a clear
reconciliation between the parties involved. The proper solution is not to perhaps
challenge the validity of the non – renewal, but to advocate for renewal. While
many may state that there was a clear political intent, this does not entitle ABS –
CBN to anything. A franchise is a privilege granted by the State, it is not owed to
anyone, regardless of how long they have held the franchise. It is not entirely
incorrect to state that there was no political intent, but that helps no one. When the
powers that be are bearing down on those opposing those powers, to go all out in a
blaze of glory is not wise at all, and when the welfare of thousands of employees
are involved, it is not only unwise, but it is arrogant. What is more important in
times of urgent need, is the ability to fight another day, to be afforded the
opportunity to, while having taken on a defeat, regroup and refocus.
It has been abundantly clear in recent months that ABS – CBN is missed. Its ability
to cover national emergencies and corollary to that its ability to reach the furthest
flung citizens to inform them of relevant information that may be of tantamount
importance to their courses of action in times of emergency, has shown itself to be
just as important if not more important to their duty to serve as a voice of a
frustrated public.
Therefore, that must be the goal heading forward, not to have the non – renewal
untethered, but to petition for a new franchise. That must start with a grassroots
campaign in Congress, first slowly gathering momentum from the more center –
oriented representatives. When those that are on the fence most of the time are
convinced of the transcendental importance of ABS – CBN’s broadcasting during
emergencies then those that are more supportive of the administration are more
inclined to listen.
Then finally another aspect of the approach must be changed is the message. While
the main point is still the importance of freedom of speech, ABS – CBN must not
act as if they are owed a franchise. While they may be perfectly validated in their
emotions, emotions are irrelevant. What must be brought to light must be that they
did indeed perform a necessary service and as we have found out in the past few
months, that they in the view of many do it better and more effectively than the
rest.