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ABS-CBN cannot invoke freedom of speech to secure franchise

"If ABS-CBN can swindle the President, how much more its ordinary customers?"

 

(Continued from Saturday)

The public are less discernible that seldom would they be able to distinguished raw information from black propaganda. Even among newspapermen, seldom do they know the duties and responsibilities of a reporter from that of a columnist or opinion writer. This explains now why owners of mass media like ABS-CBN are required to secure a franchise to remind them about the delicate nature of their privilege which is to eructate, not mis-educate, the public by observing its duty for the common good of society. The state is duty-bound to act as pater familia or the head of the family to ensure that society may not be affected by the slanted presentation of news to negate altogether the purpose of freedom of speech, of the press and of expression

Corporate owners try to avoid the issue of ownership of the industry for that could instantly cause a meltdown in their argument of freedom of the press. Besides, the franchise is not a given as birthright but is limited to protect the good order and well-being of society. This justifies why we say why the privilege of a franchise is far different from the right of the individual. While a right can be exercised by anybody with limited responsibility, a privilege is not. It is rather given to a few and according to their capacity to operate it, which means that even if that privilege is given to all, not all have the capacity it, which reason why it could equally be withheld or withdrawn from the grantee or franchisee.

The refusal to renew the franchise of ABS-CBN is equally a constitutional right, much that the main reason cited Solicitor General Jose Calida is expiration of franchise. Expiration connotes a legal and constitutional end to the period for ABS-CBN to operate. Note that the issue of violation of franchise was only cited to strengthen the non-renewal of an expired franchise. The Sol-Gen Calida is even generous for strictly speaking he simply waited for the franchise to expire, and did not order its closure for that could mean a different interpretation; that the government forcibly closed the industry. He did not even mention that ABS-CBN committed estafa against Duterte during his campaign for the presidency, when he paid several million for his political ads that were not shown. No explanation was made,  nor did it offer  to return the amount knowing that would constitute evidence of estafa or swindling. So, if ABS-CBN can swindle the President, how much more its ordinary customers?

Most dangerous is the discovery that ABS-CBN allowed aliens to become stockholders in gross violation of the Constitution prohibiting aliens, foreign entities or corporation to own, participate or have control in the country’s mass media that operate radio to broadcast and television beamed all over the country. There is danger for as the government could already feel and see it, their minions and blind followers in the show business industry and corrupt politicians are babbling out demagoguery in lambasting the government for refusing to renew the franchise of ABS-CBN but nobody has rebutted point-by-point the charges of violation of the franchise.

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Topics: Rod Kapunan , ABS-CBN , freedom of speech , franchise
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