Broadcast firm GMA Network Inc. on Thursday filed a P15-million civil action libel suit against rival network ABS-CBN Broadcasting Corp., its executives and talents over what GMA said were false and malicious allegations of ratings manipulation.
"It's a civil action for the defamation done by ABS-CBN against GMA. There was a series of on-the-air fabrication of statements imputing GMA 7 as behind the alleged rigging, manipulation of TV ratings in Bacolod City," GMA Network legal counsel Gener Asuncion said.
The case stemmed from alleged "erroneous and malicious news reports and commentaries" aired by ABS-CBN in its TV and radio programs, a GMA Network press release said.
GMA Network demanded P10 million from ABS-CBN for moral damages, P2.5 million for exemplary damages, P1.5 million for attorney's fees and P1 million for litigation expenses.
Named as respondents in the libel case were DZMM station manager Angelo Palmones; DZMM news manager Alona Magtalas; DZMM reporter Junrie Hidalgo; DZMM hosts Cristy Fermin and Jobert Sucaldito;
Bandila over-all-in-charge of production Luchi Cruz-Valdes; Bandila executive producer Boyet Agustin; Legal department head Maximilian Uy; Bandila host Korina Sanchez; Entertainment Live over-all-in-charge of production Malou Santos and Luis Andrada; Entertainment Live EP Lani Gutierrez; Entertainment Live and The Buzz headwriter Romer Gonzales; The Buzz EP Nancy Yabut; and The Buzz headwriter Ian Reyno.
"In reckless disregard of truth, with malice, and in bad faith, and with obvious intent to defame the plaintiff and ridicule it before the public, defendant ABS-CBN distorted, spliced off, and suppressed the accurate and complete statements of Ms. Reforma and made it appear that plaintiff rigged, manipulated the ratings in Bacolod City and that Ms. Reforma admitted in that ambush interview that plaintiff was behind ratings manipulation," GMA Network said in the charge sheet, referring to a radio dzMM interview with AGB Nielsen managing director Maya Reforma.
"Plaintiff has never engaged in manipulation or rigging of ratings in Bacolod City, as alleged by ABS-CBN, or elsewhere to obtain or secure its No. 1 status in the ratings," GMA Network said.
GMA Network said the report by dzMM reporter Hidalgo, stated: "Tahasang inamin na ngayon ng AGB Nielsen Media Research na ang GMA Network ang siyang nasa likod ng sinasabing pagmamanipula ng survey ng television ratings sa Bacolod," despite Reforma's denial in an affidavit of such accusation.
In the charge sheet, GMA Network also said that various radio and television programs belonging to ABS-CBN repeated the accusations against GMA Network.
GMA Network has categorically denied the accusations noting that AGB Nielsen officials themselves belied the report, and cleared GMA of the accusations.
The Network also said that the "systematic and repetitious airing" of "malicious statements" by ABS-CBN in different programs, by different anchors and talents, and on different dates show the acts were “orchestrated, scripted, and intentionally perpetrated to defame, impeach, and besmirch the reputation of GMA 7."
ABS-CBN is questioning the authenticity of the television ratings data being produced daily by AGB Nielsen Media Research Philippines after an informant reportedly spilled details that the households tapped for the survey in Bacolod have been influenced by a third party, thus influencing the viewing behavior of the sampled groups.
AGB letter to advertisers
In a letter sent by AGB Nielsen to advertisers dated December 17, General
Manager Maya Reforma said they wrote GMA 7 last December 3 to confirm “whether [GMA 7] was responsible for the activities being committed mainly in Iloilo and Bacolod as claimed by ABS-CBN."
On the same day, Reforma said that ABS-CBN wrote AGB Nielsen to demand that they completely shut down their TV Ratings service on the basis of the allegations made by ABS-CBN regarding the “systematic, organized, and well-funded attempt to cheat in the ratings."
In response to ABS-CBN’s demand, Reforma said: “We asked ABS-CBN to allow us to complete the investigation as well as requested it to provide us with the evidence that will support its claim."
“We followed up on the evidence which ABS-CBN said it will deliver to us… To date, ABS-CBN has not furnished us with these evidences," Reforma added.
Reforma added: “Based on our investigations so far, we found no evidence that our TAM service was materially influenced by the activities which ABS-CBN complained about. We therefore stand by our decision that until there is indubitable proof that ABS-CBN’s allegations against GMA, or any other party for that matter, are true and that whatever activities it complained about are actually affecting the results of our survey, we will not embargo any television viewing data."
“To claim at this point that the data is anomalous has not been proven by ABS-CBN and is simply conjecture on their part," Reforma said.
ABS-CBN has won a temporary restraining order from a Quezon City court preventing AGB Nielsen from undertaking TV ratings measurement activities for 20 days.
The court, asked AGB Nielsen to "cease and desist from data gathering in release of TV audience measurement data for 20 days." - GMANews.TV
(GMANews.TV is the official website of GMA News and Public Affairs, a unit of GMA Network Inc.)
