AGB Nielsen Media Research.
In an official statement, ABS-CBN said that the TRO "is a prior restraint that violates ABS-CBN's constitutionally-guaranteed freedoms of speech and of the press."
ABS-CBN said that the issue of corruption as brought out by the discovery of the TV ratings manipulation is a matter of clear public interest, and therefore needs to be reported on.
"Corruption is a matter of public interest regardless of where it is found. Thus, whether it be in the executive, legislative, or judicial branches of government, or even the private sector, it is the responsibility of media to expose corruption. All who are liable must be held accountable."
ABS-CBN also deplored the granting of virtual immunity to GMA Network, Inc. "[The TRO] grants GMA Network a virtual immunity from accusation. No person or entity has ever enjoyed such a privilege, not even the highest public officers of the land. It is a clear attempt to cover up and suppress information on the ratings manipulation issue."
QC-RTC Branch 95 presiding judge Henri Jean Paul Inting wrote in his decision that the ratings controversy between GMA Network and ABS-CBN has become a matter for the court to decide.
Inting said that reports by ABS-CBN imputing the ratings manipulation to GMA Network, Inc., will "cause great or irreparable injury to GMA Network’s reputation and good name as GMA Network, by publicity, will be adjudged by the public as guilty thereof."
The judge added that such reports, "may undermine the right of GMA Network to a fair trial and due process."
"I hope ABS-CBN would be quiet now and would respect the TRO issued by the court. If ABS-CBN says nothing against GMA Network, then GMA Network would have nothing to say in response because GMA only acts in defense," said GMA Network legal counsel Gene Asuncion.
GMA Network VP for Legal Dick Perez said that he is glad that the court saw the soundness of GMA Network’s application for TRO. "The issue is not about prior restraint or press freedom but about fairness. A media organization, which is a party litigant in a case, cannot invoke press freedom to present its case in public," Perez said.
The hearing on the application for the issuance of a Writ of Preliminary Injunction has been set on February 19.
The full official statement of ABS-CBN is as follows:
"ABS-CBN is extremely disappointed with the court order which restrains the airing of legitimate news reorts on a matter imbued with a clear public interest.
"Corruption is a matter of public interest regardless of where it is found. Thus, whether it be in the executive, legislative, or judicial branches of government, or even the private sector, it is the responsibility of media to expose corruption. All who are liable must be held accountable.
"The temporary restraining order prohibiting news reports that mention GMA Network, Inc. as the party behind the manipulation of television and radio ratings is a prior restraint that violates ABS-CBN's constitutionally-guaranteed freedoms of speech and of the press. It grants GMA Network a virtual immunity from accusation. No person or entity has ever enjoyed such a privilege, not even the highest public officers of the land. It is a clear attempt to cover up and suppress information on the ratings manipulation issue.
"ABS-CBN further maintains that continued news reporting on GMA Network's involvement in connection with the ratings manipulation will not deprive it of a fair trial inasmuch as the issue pending before the court is the accuracy of the ABS-CBN news report on AGB General Manager Maya Reforma's disclosure in her interview and affidavit submited in court, and not the culpability of GMA Network.
"ABS-CBN will take legal action to reverse and set aside the temporary restraining order."
http://www.abs-cbnnews.com/storypage.aspx?StoryID=109175
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