Evan

The #SupremeCourtPH (SC) has dismissed the complaint of GMA Network, Inc. (GMA) against ABS-CBN Broadcasting Corporation (ABS-CBN) over alleged defamatory statements accusing GMA of manipulating a TV ratings survey. In a Decision penned by Associate Justice Japar B. Dimaampao, the SC’s Third Division denied two consolidated petitions—a complaint for damages filed by GMA and the counterclaims filed by ABS-CBN—ruling that the aired statements of ABS-CBN hosts are qualified privileged communications and constitute a fair and true report that GMA personnel visited homes to influence a TV ratings survey. The SC ruled that the utterances made by ABS-CBN’s hosts and guest speakers are considered qualified privileged communications and constitute a fair and true report based on their interpretation of an AGB Nielsen executive’s radio interview and the data analysis report submitted by AGB Nielsen. The SC emphasized that there was no malice in the airing of the statements because they were supported by documentary evidence. ABS-CBN’s counterclaims were also dismissed. The SC said GMA was able to establish a cause of action based on the belief that the subject statements aired on ABS-CBN’s programs were defamatory. In 2007, ABS-CBN hired AGB Nielsen to supply TV ratings data for Mega Manila and other urban regions nationwide, with sample households called Panel Homes kept strictly confidential to prevent tampering or interference by media industry parties. Protecting the integrity of the TV ratings was crucial, as ABS-CBN relied on them to decide which programs to air, their timing, and target audiences. ABS-CBN received reports that individuals reportedly hired by GMA contacted some Panel Homes to influence viewing data by persuading residents to watch GMA programs in exchange for monthly incentives of PHP 500 in cash and PHP 300 worth of groceries. A GMA employee in Iloilo testified that the station manager ordered him and six others to find the Panel Homes and convince the residents to watch GMA programs in exchange for monetary incentives. In a formal letter and radio interview, AGB Nielsen ’s General Manager, Maya Reforma, admitted that the Panel Homes had been tampered. ABS-CBN then aired program segments that carried Reforma’s statements. GMA filed a complaint for damages before the Regional Trial Court (RTC), claiming that ABS-CBN deliberately twisted Reforma’s statements by declaring that GMA had manipulated the ratings. ABS-CBN filed counterclaims for damages. The RTC dismissed GMA’s complaint, as well as ABS-CBN’s counterclaims. When the Court of Appeals (CA) upheld this decision, the matter was brought to the SC. Read the press release at sc.judiciary.gov.ph/?p=162758. Read the full text of the Decision at sc.judiciary.gov.ph/?p=162738. Copying of this content is subject to the SC PIO’s Credit Attribution Policy: sc.judiciary.gov.ph/credit-attribu…