No, the ABS-CBN Franchise Renewal Issue arises not from Free Speech or Press Freedom as defined in the Constitution, but from Public Services as defined in the Public Services Law [0].

That is, the issue is not whether ABS-CBN should have the right to Free Speech (it will always have that right), but whether ABS-CBN should be allowed to use one of a very limited number of TV frequencies available.

Every free-to-air TV or radio station is required to secure a congressional franchise in the form of a Republic Act, a franchise that usually lasts for 25 years [1]. After this period, a network requires a new franchise, a new Republic Act, to continue operations.

ABS-CBN received its latest 25-year congressional franchise on 30 March 1995 via Republic Act No. 7966 [2]. Hence, the network needs to get a new franchise before RA 7966 expires 25 years later on 30 March 2020.

And that’s the problem.

The Philippine Constitution guarantees Press Freedom, but it doesn’t guarantee access to broadcast frequencies because they’re severely limited by Science.

In the case of TV, there are at most 12 available VHF channels (Channels 2, 3, to 13) and at most 38 in the UHF band (Channels 14 to 51) [3].

Reporters sans frontières / Reporters Without Borders / RSF recognizes this reality when it wrote [1]:

“Licensing became necessary as broadcast frequencies constitute a scarce resource… In Metro Manila for example, the frequency is limited to 23 physical spots for TV channels… and they are all taken at the moment.”

The TV firm ABS-CBN, by virtue of Press Freedom, has the right to create and distribute content, but it has no inalienable right to broadcast over the VHF Channel 2 Frequency.

If access to a TV frequency is an inalienable right of every Filipino, then every Filipino should have his own TV channel. Now, how do you divide the 23 TV frequencies in Metro Manila among its over 10 million residents?

That’s impossible, hence the need for Congressional Franchises, meaning the government has the authority to decide which TV broadcaster wannabes are in the best position to serve Public Interest.

ABS-CBN’s dominion over Channel 2 means somebody else didn’t get it, and that dominion is a privilege granted through an Act of Congress.

Even without a Congressional Franchise, ABS-CBN may still broadcast over the internet, syndicate its content, or do pretty much whatever it wants EXCEPT broadcast via VHF/UHF TV frequencies.

In short, the Constitution guarantees Press Freedom, but it DOES NOT guarantee access to TV frequencies.

#####

SOURCES:

[0] Commonwealth Act 146. Public Service Law (as amended, and as modified particularly by PD No. 1, Integrated Reorganization Plan and EO 546). http://bit.ly/2ZN1kL4

[1] Media Ownership Monitor Philippines – Reporters without Borders. How to get a media license. http://bit.ly/2Qq7EFz

[2] Congress of the Philippines. An Act Granting the ABS-CBN Broadcasting Corporation a Franchise to Construct, Install, Operate and Maintain Television and Radio Broadcasting Stations in the Philippines, and for other purposes. RA No. 7966. 30 March 1995. http://bit.ly/2QKK1WX

[3] Government of the Philippines – Department of Information and Communication Technology. Framework of the Digital Terrestrial Television Broadcasting (DTTB) Migration Plan. October 2017. page iii. http://bit.ly/35m61N5

(c) Thinking Pinoy

Opinion:

Tita Nepomuceno : Free speech even they’re lies? Free speech even if they confuse the minds of filipinos, rather than enlighten them of the truth? Free speech to destroy the integrity of people they don’t want? Use press freedom to be partial to some sectors? Press freedom to operate and earn insurmountable profit without paying taxes? And here is ABS-CBN crying out that their free speech or press freedom is being supressed? ABS-CBN’s meaning of press freedom is as twisted as the minds of the people running the network.

Walang kibo, walang aksyon, tahimik ang Facebook Fact Checkers sa mga kumakalat na mga wrong, misleading, half truth, sensionalized news at mga misleading news ng ABS-CBN, Inquirer, CNN, GMA news at ng iba pang media.

Sa mga kumakalat na mga misleading news, half truth kung saan, marami sa mga ulat ng media na walang katotohanan, at half truth (meaning hindi kumukuha ng buong detalye ng report at hindi kumuha ng ulat sa bawat panig) tulad ng “KIKIAM” bakit hindi sila nag tanong sa Hotel na siyang nag hain ng pagkain, kung kikiam nga ba?

In this case, this is a half truth news, kukunin lamang ang panig ng isang party para ma sensationalize at magkaroon ng negative news at masira ang #SEAGAMES at imahi ng bansa.

Another fake news mula sa isang dating reporter ng ABS-CBN, kung saan naglagay ng caption sa isang photo na kung saan makikita sa photo na ginawang table clothe ang watawat ng ating bansa.

Another fake news ng Inquirer, posting wrong photo na kinuha from Nepal, grabi na panira, maka pag balita at makapanira lang, pwedi namang puntahan ang actual aquatic park na kugn saan gaganapin ang #seagames acquatic competition.

Pero tahimik ang rappler at vera files sa mga fales at misleading news. .

Sinita ni Lady Guard, ang isang transexual woman na si Gretchen, dahil hindi umano ito dapat mag CR sa CR ng babae, at dapat umano gamitin ang CR ng lalaki.

Video: Aug. 13, 2019 mall sa cubao Farmer’s Plaza, nag cr ang isang Transgender na si Gretchen sa cr ng mga babae, pinosasan ng mga babaeng security at dinala sa precinto.

Kinaladkad umano si Gretchen papunta sa guard office ng naturang mall. At sa video, sinapak pa ito at nilalait.

Sa sitwasyong ito, pweding maghain ng kaso, si Gretchen na isang transgender ng harassment at physical injury dahil sa mga sapak ni lady guard.

Opinion: In fairness to the transgender, it would be very awkward if she enters a male CR, with her long hair, boobs and total female look. I think the CR lady cleaner was over acting in her claim that she instead use a male CR. My parameter of claim is due to the fact that trans use cubicles & not urinals because they already underwent sexual alignment procedure. Did she do scandalous thing inside the female CR like not submitting herself to the queue (a thing that is prevalent in female CR)? If she silently does the things other girls do, I dont see any problem with that at all. Hence now, I suggest that all LGBTs should have their own separate restrooms, to respect their individuality and uphold their human rights.

opinion from: SsirOsy Gimotea-Castillanes

Panoorin ang video:

Tanong: discrimination ba ang ginawa sa kanya? Anong masasabi niyo sa incidenting naganap?