The shutdown of ABS-CBN broadcasting arose from the lack of renewal of Philippine media network ABS-CBN's congressional broadcast franchise. The disputes between the administrations of Presidents Benigno Aquino III and Rodrigo Duterte and the media company arose over the terms and conditions of the franchise renewal agreement. Amid the controversy, the Congress of the Philippines, the country's legislature, was unable to renew the franchise before its expiration date. The congressional franchise expired on May 4, 2020, while the Philippines was dealing with the effects of the COVID-19 pandemic and the enhanced community quarantine in Luzon. The next day, exercising constitutional powers, the National Telecommunications Commission (NTC) issued a cease-and-desist order demanding ABS-CBN to stop the entire broadcast operations of all its free TV and radio stations immediately. ABS-CBN complied with the government order and shut down all of its radio stations and free television channels later that day. On June 30, 2020, the NTC released two alias cease-and-desist orders against ABS-CBN TV Plus and Sky Direct.
For most of the 2010s decade starting from July 28, 2012 up until the early 2020s on September 10, 2020 (during the presidencies of Benigno Aquino III and Rodrigo Duterte), the network had an eight-year controversy regarding the renewal of their broadcast franchise. In 2014, they applied the renewal through private bills that had been pending in the House of Representatives but had not been addressed by either the 16th, 17th, or 18th Congresses of the Philippines. Prominent figures in ABS-CBN Corporation, the political opposition in the Philippines, media advocacy groups, and the international press have attributed Congress's refusal to renew the franchise to Duterte's insistence that ABS-CBN cease broadcasting and labelled it a direct attack on the country's democracy and press freedoms, although sources from the previous administration reported that there was a lack of support for renewal because "Mr. Aquino's allies felt the criticisms against the President were too personal and offensive and went to the point of nitpicking." Duterte's ruling coalition maintains a supermajority in both chambers of Congress, and Duterte criticized the ABS-CBN network for their allegedly biased and unfavorable news coverage against Duterte beginning with his presidential campaign in the 2016 Philippine presidential election, repeatedly voicing his opposition against the renewal of the network's congressional franchise. ABS-CBN subsequently appealed to the Supreme Court of the Philippines to nullify as unconstitutional the cease-and-desist order, which the Court likewise refused to do.
The resulting franchise expiration and withdrawal of its broadcast rights marked the first time ABS-CBN, considered a historical and cultural icon in the Philippines, had been off the air since the 1986 revolution, having been seized and liquidated by the authoritarian government of the Martial Law dictatorship from 1972 until the regime's collapse in 1986. Critics of the Duterte government consider the NTC's cease-and-desist order and the denial of the franchise application as contributing to a growing democratic backsliding in the Philippines under the Duterte administration.
Background
Congressional franchise to operate television and radio stations
As prescribed by the American Insular government-era Act No. 3846, or the Radio Control Act, which became effective in 1931 (later amended in 1963), broadcasting networks require a congressional franchise to operate television and radio stations, which usually lasts for up to 25 years. Bolinao Broadcasting Corporation, founded by James Lindenberg, which had been operating since July 11, 1946, had its franchise granted by the state through Republic Act No. 512, that took effect August 1950. BEC made its first television broadcast on October 23, 1953 under the operation of Alto Broadcasting System (ABS), which at the time, it using the Channel 3 frequency until 1969. The Manila Chronicle, had its franchise granted by the state on August 1955 though Republic Act No. 1343. Manila Chronicle's broadcast operations were later reorganized as Chronicle Broadcasting Network (CBN). ABS and CBN later merged on 1963, officially becoming the ABS-CBN Broadcasting Corporation.
Republic Act Nos. 5730, 5731 and 5733, granting ABS-CBN Broadcasting Corporation two 50 year franchises were signed by President Ferdinand Marcos on June 21, 1969. It took effect on January 20, 1970. However on September 23, 1972, all of ABS-CBN's assets and frequencies were seized by the government as part of Proclamation No. 1081 of President Marcos. The seized frequencies were later awarded to Banahaw Broadcasting Corporation (BBC) on November 4, 1973 (where it obtained the Channel 2 frequency that ABS-CBN first used from 1969) and the National Media Production Center (would later become Government Television and then Maharlika Broadcasting System or MBS, where it obtained the Channel 4 frequency that ABS-CBN also had used from 1969 to 1972) on February 2, 1974. On November 11, 1974, Presidential Decree (PD) 576-A was signed by President Marcos. The decree formally terminates all existing radio and television frequencies that were awarded, on December 31, 1981 and all new franchises, channels or other means of identifying broadcasting systems applications must be approved by the Board of Communications and the Minister of Public Works and Communications or its successors.
After the February 1986 EDSA revolution, the Presidential Commission on Good Government (PCGG) sequestered the BBC, and, thereafter, the Office of Media Affairs took over the operation of MBS. On 18 June 1986, the PCGG approved the awarding BBC's assigned frequencies to ABS-CBN. The 1987 Philippine Constitution restored Congress the authority to grant radio and television franchises.
There was ambiguity on whether ABS-CBN's 50-year franchises awarded in 1970 were still in effect or it was superseded by 1972's Proclamation No. 1081 and 1974's PD 576-A. To settle the issue, On December 15, 1993, House Bill No. 11611 was filed by Joker Arroyo. The bill intends a new franchise for ABS-CBN. It was approved by the House on third reading on July 26, 1994, the Senate on August 8, 1994 and ratified by both chambers on February 6, 1995. It was signed by President Fidel Ramos on March 30, 1995, under Republic Act No. 7966. This franchise statute was published on the Official Gazette, Malaya and The Manila Times on April 19, 1995 and the new franchise took effect on May 4, 1995. It officially expired on May 4, 2020, as confirmed by the Department of Justice (DOJ).
Press freedom and democracy issues
The Philippines is touted to have the "freest and liveliest press" in Asia, where media is considered a watchdog and a "fourth estate" helping to maintain the checks and balances of democratic governance. This was however countered by Singapore's Founding Prime Minister Lee Kuan Yew. In a late 1980s speech, he said that the "rambunctious" Philippine press however lively and free it appeared on the outside, did not result to Filipinos becoming that much aware of where their vital interests are and should be, and was not even able to contribute to prevention of Ferdinand Marcos declaring Martial Law of which ABS-CBN (among other assets of the controlling López family, such as MERALCO) eventually fell victim to.
Despite this, the country is consistently ranked as one of the world's most dangerous countries for journalists. In May 2020, it slipped two spots down to 136th place (out of 180 countries) in the World Press Freedom Index.
Media watchdogs such as Reporters Without Borders, the Center for Media Freedom and Responsibility, Amnesty International, the Photojournalists' Center of the Philippines (PCP), Foreign Correspondents Association of the Philippines (FOCAP), and the Consortium on Democracy and Disinformation (D&D) have noted that various forms of attacks against the press have increased since the Duterte administration came to power in 2016 – with the Philippine Daily Inquirer, news website Rappler, nonprofit media organizations like Vera Files and the Philippine Center for Investigative Journalism, and ABS-CBN being particular targets because of coverage critical of the administration.
Many of these media watchdogs have issued statements placing the ABS-CBN broadcast stoppage in the context of systemic attacks against press freedom in the Philippines. Media groups and people's organizations denounced the shutdown order for being a loss of democracy, freedom of expression, and freedom of the press.
Some groups also placed the matter in the context of attacks and harassment aimed at those that criticize the government and compared it to the takeover of media outlets during martial law under Ferdinand Marcos, as well as to pressure to shutdown media outlets under different administrations. For example, under President Joseph Estrada, The Manila Times was threatened with libel and closure, resulting in the newspaper's eventual sale from the Gokongwei family to Dante Ang, a crony of Estrada; while the Philippine Daily Inquirer was subjected to an advertising boycott. Both newspapers ran stories critical of Estrada.
The ABS-CBN broadcast network is acknowledged to be one of the Philippines' oldest and most influential media networks, run by the López family. The company generates about 50 to 60 percent of the group's total annual revenue, mainly from selling airtime of its television and radio properties to advertisers. The remaining revenue is generated from consumer sales through the distribution of cable and international channels, operations of over-the-top platform services, and a family entertainment center in Taguig. According to the Philippine Competition Commission (PCC), ABS-CBN Corporation controlled "somewhere between 31% and 44%" of the Philippines' total television market as of 2020.
Prior broadcast stoppage under Ferdinand Marcos
Before the 2020 stoppage, ABS-CBN had been closed down on September 23, 1972, when martial law under Ferdinand Marcos was announced and the station's television and radio stations were sequestered. Marcos' Letter of Instruction No. 1-A, signed September 22, 1972, and addressed to the Secretary of the Department of National Defense, accused ABS-CBN, Associated Broadcasting Corporation (now known as TV5) and Manila Broadcasting Company TV station DZRH-TV Channel 11 of delivering "deliberately slanted and overly exaggerated news stories and commentaries," of promoting the ends of the Communist Party of the Philippines, and of having been instrumental in an assassination attempt on Marcos. This stoppage lasted until September 14, 1986, when ABS-CBN returned to air resulting from the recovery and return of the sequestered stations to the network.
During those 13 years, use of the company's frequencies (except DZXL-AM 620, awarded to KBS/RPN as DWWW, DZMM-AM 1000, awarded to GMA (later Nation Broadcasting Corporation) as DWXX (now DZAR Sonshine Radio), DZMY-AM 1160 awarded to BBC as DWWA, DZQL-AM 830, awarded to Office of Civil Defense as DZCA, and DZXL-TV 4, awarded to the government-owned National Media Production Center for the launch of Government Television as DWGT-TV in 1974) was awarded to the Banahaw Broadcasting Corporation (BBC) owned by Marcos crony and sugar plantation owner Roberto Benedicto and was launched on November 4, 1973. Under martial law, BBC formed a de facto media monopoly with Kanlaon Broadcasting System/Radio Philippines Network (KBS/RPN, which originally also founded and owned by James Lindenberg and had taking over the Channel 9 frequency previously also used by ABS-CBN from 1958 to 1969), Intercontinental Broadcasting Corporation (IBC, acquired in 1975), and government-owned Government Television/Maharlika Broadcasting System (GTV/MBS). The company's headquarters, the ABS-CBN Broadcasting Center, was also sequestered without compensation from the network's owners and was renamed as Broadcast Plaza to serve as headquarters of BBC, KBS/RPN, GTV/MBS and, from 1980, the Bureau of Broadcasts (BB). Moreover, copies of the old pre-Martial Law ABS-CBN shows had also been lost due to the raid by Marcos troops.
Marcos was eventually deposed by the People Power Revolution of February 1986. The newly created revolutionary government agency Presidential Commission on Good Government (PCGG) sequestered and later dissolved BBC and returned the frequencies to ABS-CBN on September 7, 1986, eventually resuming broadcast on September 14, 1986.
History
Early renewal initiatives
On December 12, 2012, there was a resolution asking the Committee on Legislative Franchises to inquire, in aid of legislation, the "probable violations of ABS-CBN of its legislative franchise."
In 2014 and 2015, ABS-CBN requested the 16th Congress to tackle the extension of its franchise early, although its renewal was not due until six years later, in 2020.
Media sources in the legislature indicated that the network's 2016 initiative was the result of having been "particularly singled out" by supporters of President-elect Rodrigo Duterte because of the perception that they "consistently showed him in a negative light". The Philippine Daily Inquirer reported that a member of the House legislative franchise committee said ABS-CBN "did not want to risk going through the renewal under an 'unfriendly' administration".
The Inquirer's source also said that the initiative "lacked support from President Benigno Aquino III's allies in the House" because they felt that ABS-CBN's criticisms against Aquino were "too personal and offensive and went to the point of nitpicking".
ABS-CBN eventually had to withdraw these franchise renewal initiatives due to time constraints.
Ad controversies during the 2016 Philippine presidential campaign
Philippine President Rodrigo Duterte attributed his objection to the franchise renewal of ABS-CBN to an election ad controversy during the campaign leading up to the 2016 Philippine presidential election. He said the network refused to air his 2016 presidential campaign ads and favored the negative political ads paid by then-vice presidential candidate Antonio Trillanes critical of his remarks on the campaign trail.
On February 24, 2020, the network's president and chief executive officer Carlo López Katigbak apologized to Duterte for not airing his political advertisements during his 2016 polls. Duterte accepted the apology, leaving the franchise's renewal to Congress. ABS-CBN also offered to return the money spent for these advertisements, which Duterte declined, stating that the money should be donated to a charity instead.
Meanwhile, Commission on Elections spokesperson James Jimenez defended the controversial ad as well within Election Law, under "Partisan Political Activity".
Renewal initiatives during the 17th and 18th Congress
Non-renewal assertions by Congress
Throughout his term, which coincides with the 17th and 18th Congress, Duterte publicly reiterated that he would oppose the franchise renewal of ABS-CBN.