House panel's ABS-CBN vote set 'unforgiving bar', 'dangerous precedent', say senators

Several senators on Friday warned that the House panel's decision to deny ABS-CBN's franchise application puts in place a dangerous precedent for the process of granting such legislative permits.

Senator Grace Poe, chair of the Senate committee on public services, said the "pandemic of intolerance has claimed another victim."

While acknowledging that ABS-CBN had its failures in the past, the lawmaker stressed that the media network's good deeds for the Filipino public have far weighed more.

"The correct – and constitutional– response is to allow it to remedy them, the same chance  extended to thousands of franchise applicants," Poe said.

"This is so because a media organization that occasionally commits mistakes is in the nation’s interest than one that is permanently muzzled," she added.

Poe said that the House committee's decision had set a "high and unforgiving bar in approving franchises" which may also affect those currently holding active franchises.

She lamented the looming job losses and lack of access to information of many Filipinos.

The House Committee on Legislative Franchises adopted a resolution  recommending the denial of the network's franchise application. 70 voted yes, 11 voted no, two inhibited and one abstained.

'Maniningil ang kasaysayan'

Senator Risa Hontiveros, said the impact would even be felt by the next generations as this vote made by the House panel sets a grim future for the freedom of the press.

"The non-renewal of ABS-CBN’s franchise has set a dangerous precedent. Because the government allowed politicking in the process of renewing a legislative franchise and succeeded in the shutting down of a media institution, we have effectively begun to ring the death knell on press freedom in the country," she said.

The "political persecution" of the media network sends a chilling effect to other journalists in the country, according to the Senator.

"Toe the line or get shut down. May takot at pagbabanta ang mensaheng inihahatid ng gobyerno: kapag kaaway ka, pwede kang ipasara," she said.

The senator further claimed that because officials "committed to settle their personal score with ABS-CBN," at least 11,000 workers will soon be rendered jobless amid the COVID-19 pandemic.

Hontiveros also stressed that access to life-saving information against the virus will be curtailed if the media company, which services around 69 million Filipinos, will remain off-air.

She encouraged the public to speak against the political persecution of ABS-CBN and protect the cause of press freedom in the Philippines.

"At a time when Filipinos are sick, jobless, and hungry, history will judge those who tried to silence the truth. History will be harsh to those who ignored the most basic needs of Filipinos during this pandemic and instead used it to consolidate power for selfish reasons," she said.

"Naniniwala ako na sa huli, maniningil ang mga anak natin. Maniningil ang kasaysayan," she added.

'Salute to 11 congressmen'

Senator Sonny Angara commended the unorthodox decision of the eleven congressmen who voted 'No' against the denial of ABS-CBN's franchise application.

"Kudos to the brave 11 who stood up for 11,000 Filipinos keeping their jobs and for press freedom," he said.

He said he was saddened by the development as he claimed that even the Bureau of Internal Revenue, Securities and Exchange Commission, among other government agencies, have said that ABS-CBN did not violate any law.

"Masama ang magiging epekto sa ekonomiya nito di lamang sa media o broadcasting industry kung saan isang industry leader ang ABS-CBN kundi sa industriya ng advertising at sa creative industries o pursuits- producing, editing, music scoring, acting, directing, set design, atbp," Angara said.

"Bukod dito may di magandang epekto din ito sa press freedom o malayang pagbabalita at sa uri ng ating demokrasya," he added.

'Wait until 2022'

Senate Minority Leader Franklin Drilon said the historical vote made in the lower house was "reminiscent of the dark pages in the history of Philippine press in 1972."

"Democracy thrives when there is free press and when journalists can exercise complete freedom to do their mandate of reporting facts without fear. But with what happened to ABS-CBN, it has shown that the 'sword of Damocles' can be unleashed any time," he said.

"The sword of Damocles will continue to hang perilously over other media networks. Both the legislators and the executive can wield the sword at their whim and caprice. This is when democracy starts to weaken," he added.

The only fault of the ABS-CBN was that it stepped on "some powerful political toes," and the casualties of the "politically-charged" event are its 11,000 employees, according to Drilon.

"Sad to say, the ABS-CBN will have to wait until 2022 when the new Congress is elected to apply again for the renewal of its franchise," he said.

"ABS-CBN has been through this before during martial law in 1972. I am confident that it can face this difficult trial once more," he added.

To prevent this dilemma from recurring, Drilon said Congress should immediately pass the measure he filed which seeks the non-expiration of legislative franchises with pending applications for renewal, provided that the applications have already been filed in a timely manner.

ABS-CBN has been off-air since May 5 after the NTC issued a cease and desist order against it. The media network's 25-year franchise lapsed on May 4 while Congress is still deliberating its application for renewal.

The NTC previously said it would heed the advice of the Department of Justice and of both houses of Congress to allow the company to continue broadcasting "based on equity," as other companies had been previously allowed to do so. The NTC, however, ended up issuing a closure order. -NB, GMA News