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The Supreme Court (SC) has dismissed the complaint made by GMA Network against ABS-CBN over alleged defamatory statements, that is according to a press release from the high court March 31.
The controversy started after GMA Network claimed that an ABS-CBN program has deliberately twisted statements to make it appear that they have manipulated TV ratings. Hence, the filing of defamation case.
ABS-CBN hired AGB Nielsen in 2007 as TV ratings supplier, and the contract required that the locations of the sample households (Panel Homes) be kept strictly confidential.
ABS-CBN says TV ratings are crucial as they rely on these data to decide which programs to air, their timing, and target audiences.
The Kapamilya station has, however, later claimed that they have found out that there are individuals reportedly hired by GMA Network to contact the Panel Homes to influence the viewing data.
GMA Network reportedly convinced the households to watch GMA programs in exchange of monthly incentives of P500 in cash and P300 worth of groceries.
An employee of the Kapuso station testified that the station manager ordered him and six others to find the Panel Homes and convince households to watch GMA shows in exchange for incentives.
In a later interview and via formal letter, AGB Nielsen’s General Manager Maya Reforma admitted tampering of the Panel Homes; the statement was aired by ABS-CBN. But GMA claims defamation.
Defamation refers to the offense of injuring a person’s character, fame, or reputation through false and malicious statements.
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.
No malice, the court said, in the airing of statements because they were supported by documentary evidence.
The SC said the remarks were covered by the fair comment doctrine.
ABS-CBN’s counterclaims were also dismissed, saying 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.
Source: Supreme Court, Facebook
