|
ABS-CBN
Broadcasting Corp., the largest media outfit controlled
by the Lopez group, scored a victory against ratings
agency AGB Nielsen Media Research Philippines after it
obtained on Thursday a temporary restraining order from
the Quezon City Regional Trial Court halting AGB’s
television ratings surveys.
In a
three-page decision penned by Judge Charito Gonzales, it
was stated that AGB managing director Maya Reporma
admitted knowing about the alleged attempt to tamper
with the television audience measurement (TAM) data by
another network but made no action.
“Under
the Service Contract between the parties, the defendant
[AGB] was under obligation to ensure that
confidentiality of the panel homes and accuracy and
reliability of the TAM data. Reporma, the managing
director of the defendant even admitted that there was
tampering of panel homes which was the subject of an
investigation,” Gonzales said.
The
court specifically ordered AGB to cease and desist from
pursuing its nationwide TAM data gathering activities
from corrupted home panels and delivering, releasing or
making known the resulting TAM data to its clients or
the general public within 20 days from the issuance of
the order.
“The
defendant also failed to dispute that the delivery of
tainted or corrupted TAM data would cause plaintiff
grave and irreparable injury. The court takes judicial
notice of the fact that there is a bitter rivalry
between the two giant television networks. If a slight
difference in ratings means a lot, what more could a
tainted TAM data bring to either both of the rivals?”
the ruling added.
The
court has scheduled today a hearing on AGB’s motion to
dismiss ABS-CBN’s civil suit. It likewise ordered both
parties to furnish affidavits of their witnesses before
the January 7, 2008 hearing of the injunctive portion of
the case.
As this
developed, GMA Network Inc., popularly known as the
Kapuso Channel, said it will file a libel charge against
rival ABS-CBN for allegedly dragging its name in the
ongoing legal battle with AGB.
“In its
radio report, ABS-CBN/DZMM erroneously broadcast that
AGB Nielsen named GMA 7 as the network that allegedly
funded an operation to bribe metered homes in Bacolod
City to watch GMA shows and influence the ratings.
However, the affidavit in court submitted by Maya
Reforma of AGB Nielsen belied such accusation against
GMA Network,” head for regional TV Anna Lee Escudero
said in a press briefing Thursday.
The
network already referred the matter to its outside legal
counsel for appropriate action and said the case would
most likely be filed before Christmas. Also, GMA
strongly denied the accusation that it was behind the
ratings rigging alleged by an unnamed ABS-CBN informant.
“Apart
from being improbable—the informant’s claims as bandied
about by ABS-CBN—is also not logical,” Escudero said.
According to her, the network’s ratings in the
provinces, particularly in the Visayas and Mindanao,
have not had any significant improvement since July of
2007, when it started to subscribe to the ratings of AGB.
“If
there were any involvement in the alleged tampering of
panel homes in the area by GMA Network, then its ratings
there should have experienced significant increases,”
she said.
She
added, “GMA does not conduct manipulative promo efforts
anywhere in the country.
What it does is conduct legitimate field promo
activities that are not deliberately directed at panel
homes but at the general television population of a
certain locality.” |
