AGB Nielsen Philippine TV ratings controversy
Encyclopedia
A legal conflict among AGB Nielsen Philippines
, GMA Network
and ABS-CBN Broadcasting Corporation for an alleged television ratings
breach
that occurred in Philippine cities Bacolod
and Iloilo
has been ongoing since the last quarter of 2007.
On December 20, 2007, Judge Charito Gonzales, Quezon City
Regional Trial Court Br. 80 released a temporary restraining order on TV ratings surveys
based on a civil case filed by ABS-CBN Broadcasting Corporation versus AGB Nielsen Media Research Philippines. ABS-CBN accused rival GMA Network
of funding bribing operations at Bacolod City
, to discredit the former. The Court further ordered ABS-CBN to file comment on the plea of AGB Nielsen for the alleged gathering and dissemination of television ratings data, within five days or until 22 December.
On December 21, 2007, DZMM
correspondent Junrie Hidalgo reported a news story entitled AGB Nielsen, umamin sa dayaan: GMA Network, tahasang itinurong nasa likod ng dayaan (AGB Nielsen admits the cheating: GMA Network fiercely accused of being responsible of the cheating) during the program Showbiz Mismo, hosted by Cristy Fermin
and Jobert Sucaldito. The news story is based on an interview
of AGB Nielsen's General Manager
Maya Reforma regarding the alleged cheating.
In response, GMA aired a TV plug condemning the alleged biased reporting and denied the accusations of ABS-CBN. They later filed a PHP15-million civil libel suit against ABS-CBN on 3 January 2008. The respondents included Hidalgo, Fermin, Sucaldito, the station manager and news manager of DZMM and hosts, writers and executive producers of TV programs Bandila, Entertainment Live and The Buzz
after the same story was aired on the mentioned programs.
On January 7, 2008, the Quezon City RTC junked ABS-CBN's suit against AGB Nielsen, saying the case was "prematurely filed" before the court. Judge Charito Gonzales's basis is the principle of mutuality of contracts, citing Article 1308 and 1196, New Civil Code of the Philippines. Also, Judge Samuel Gaerlan, QCRTC, Branch 92 issued court summons against ABS-CBN and its 15 personnel, in the P15-million damage suit by GMA Network.
On January 17, 2008, Judge Gaerlan inhibited himself from the case, considering that he has a cousin working in the legal department of ABS-CBN. The case was later re-raffled on January 28, 2008, and the case was eventually assigned to Judge Henri Inting of Branch 95, QCRTC. Judge Inting submitted GMA's petition for a temporary restraining order for decision.
On February 1, ABS-CBN presented two witnesses, Romie Diamanse and Francis Casumpang, saying RGMA head Mike Enriquez
was said to have given the order to cheat in a meeting. Enriquez denied the charges and said that the statements were "shameless, malicious fiction delivered by tainted informers with an axe to grind." Diamanse and Casumpang were former employees of RGMA's Iloilo Campus Radio FM station. Casumpang resigned from the station after charges of embezzlement, and now works for ABS-CBN's MOR Iloilo. On the other hand, RGMA accepted Diamanse's resignation "because he was regarded as ineffective in his duties."
On February 14, 2008, Judge Inting issued a TRO barring ABS-CBN from airing defamatory statements against GMA.
AGB Nielsen Philippines
AGB-Nielsen Media Research Philippines, popularly called AGB Nielsen, is a market research firm in the Philippines specializing in broadcast media...
, GMA Network
GMA Network
GMA Network is a major commercial television & radio network in the Philippines. GMA Network is owned by GMA Network, Inc. a publicly listed company...
and ABS-CBN Broadcasting Corporation for an alleged television ratings
Audience measurement
Audience measurement measures how many people are in an audience, usually in relation to radio listenership and television viewership, but also in relation to newspaper and magazine readership and, increasingly, web traffic on websites...
breach
Breach
-In law:* Breach of confidence, a common law tort that protects private information that is conveyed in confidence* Breach of contract, a situation in which a binding agreement is not honored by one or more of the parties to the contract...
that occurred in Philippine cities Bacolod
Bacolod City
The City of Bacolod , is a highly urbanized midsize Philippine city. It is the capital of the Negros Occidental province. Having a total of 499,497 inhabitants as of August 1, 2007, it is the most populous city in the Western Visayas Region. It is currently ranked as the 17th most populous city in...
and Iloilo
Iloilo
Iloilo is a province of the Philippines located in the Western Visayas region. Iloilo occupies the southeast portion of Panay Island and is bordered by Antique Province to the west and Capiz Province and the Jintotolo Channel to the north. Just off Iloilo's southeast coast is Guimaras Province,...
has been ongoing since the last quarter of 2007.
On December 20, 2007, Judge Charito Gonzales, Quezon City
Quezon City
Quezon City is the former capital and the most populous city in the Philippines. Located on the island of Luzon, Quezon City is one of the cities and municipalities that make up Metro Manila, the National Capital Region. The city was named after Manuel L...
Regional Trial Court Br. 80 released a temporary restraining order on TV ratings surveys
Statistical survey
Survey methodology is the field that studies surveys, that is, the sample of individuals from a population with a view towards making statistical inferences about the population using the sample. Polls about public opinion, such as political beliefs, are reported in the news media in democracies....
based on a civil case filed by ABS-CBN Broadcasting Corporation versus AGB Nielsen Media Research Philippines. ABS-CBN accused rival GMA Network
GMA Network
GMA Network is a major commercial television & radio network in the Philippines. GMA Network is owned by GMA Network, Inc. a publicly listed company...
of funding bribing operations at Bacolod City
Bacolod City
The City of Bacolod , is a highly urbanized midsize Philippine city. It is the capital of the Negros Occidental province. Having a total of 499,497 inhabitants as of August 1, 2007, it is the most populous city in the Western Visayas Region. It is currently ranked as the 17th most populous city in...
, to discredit the former. The Court further ordered ABS-CBN to file comment on the plea of AGB Nielsen for the alleged gathering and dissemination of television ratings data, within five days or until 22 December.
On December 21, 2007, DZMM
DZMM
ABS-CBN DZMM Radyo Patrol 630 is the flagship AM station of ABS–CBN Corporation in the Philippines. The station's studio is located at the ABS-CBN Broadcast Center, Sgt. Esguerra Ave., cor. Mo. Ignacia St., Diliman, Quezon City, while the transmitter is located at F. Navarette St., Obando, Bulacan...
correspondent Junrie Hidalgo reported a news story entitled AGB Nielsen, umamin sa dayaan: GMA Network, tahasang itinurong nasa likod ng dayaan (AGB Nielsen admits the cheating: GMA Network fiercely accused of being responsible of the cheating) during the program Showbiz Mismo, hosted by Cristy Fermin
Cristy Fermín
Cristinelli "Cristy" Fermin is a controversial Filipino talk show host and showbiz reporter. She finished Criminology at the Lyceum of the Philippines University.-Career:...
and Jobert Sucaldito. The news story is based on an interview
Interview
An interview is a conversation between two people where questions are asked by the interviewer to obtain information from the interviewee.- Interview as a Method for Qualitative Research:"Definition" -...
of AGB Nielsen's General Manager
General manager
General manager is a descriptive term for certain executives in a business operation. It is also a formal title held by some business executives, most commonly in the hospitality industry.-Generic usage:...
Maya Reforma regarding the alleged cheating.
In response, GMA aired a TV plug condemning the alleged biased reporting and denied the accusations of ABS-CBN. They later filed a PHP15-million civil libel suit against ABS-CBN on 3 January 2008. The respondents included Hidalgo, Fermin, Sucaldito, the station manager and news manager of DZMM and hosts, writers and executive producers of TV programs Bandila, Entertainment Live and The Buzz
The Buzz
The Buzz may refer to:*The Buzz , a fictional character in the Marvel Comics' series Spider-Girl*The Buzz , a television show on the UK channel Eat Cinema...
after the same story was aired on the mentioned programs.
On January 7, 2008, the Quezon City RTC junked ABS-CBN's suit against AGB Nielsen, saying the case was "prematurely filed" before the court. Judge Charito Gonzales's basis is the principle of mutuality of contracts, citing Article 1308 and 1196, New Civil Code of the Philippines. Also, Judge Samuel Gaerlan, QCRTC, Branch 92 issued court summons against ABS-CBN and its 15 personnel, in the P15-million damage suit by GMA Network.
On January 17, 2008, Judge Gaerlan inhibited himself from the case, considering that he has a cousin working in the legal department of ABS-CBN. The case was later re-raffled on January 28, 2008, and the case was eventually assigned to Judge Henri Inting of Branch 95, QCRTC. Judge Inting submitted GMA's petition for a temporary restraining order for decision.
On February 1, ABS-CBN presented two witnesses, Romie Diamanse and Francis Casumpang, saying RGMA head Mike Enriquez
Mike Enriquez
Miguel Castro Enriquez is a popular TV and radio newscaster in the Philippines. He is also the Senior Vice-President for radio of GMA Network, and president of the network's regional and radio subsidiary, RGMA Network Inc.-Career:He started his career in broadcasting as a staff announcer at the...
was said to have given the order to cheat in a meeting. Enriquez denied the charges and said that the statements were "shameless, malicious fiction delivered by tainted informers with an axe to grind." Diamanse and Casumpang were former employees of RGMA's Iloilo Campus Radio FM station. Casumpang resigned from the station after charges of embezzlement, and now works for ABS-CBN's MOR Iloilo. On the other hand, RGMA accepted Diamanse's resignation "because he was regarded as ineffective in his duties."
On February 14, 2008, Judge Inting issued a TRO barring ABS-CBN from airing defamatory statements against GMA.