The TV ratings dispute continues.
A new development in the TV ratings scandal transpired yesterday, March 7, when the Quezon City Regional Trial Court (QC RTC) junked the petition of GMA-7 to stop rival network ABS-CBN from airing reports about the alleged TV ratings manipulation, which supposedly cast "dishonor, discredit, and disrepute" to the Kapuso network.
In his ruling, Judge Alexander Balut denied GMA Network's petition for preliminary injunction on three grounds: GMA-7's petition to stop ABS-CBN's supposedly libelous reports comes too late—the reports have already been aired; GMA-7's petition for injunction goes beyond the prayer contained in its complaint; and GMA-7's petition for injunction constitutes prior restraint of freedom of expression and, therefore, is unconstitutional.
Judge Balut also stated in his ruling that since ABS-CBN had already aired its reports, there is nothing for the court to stop.
"It is clear that plaintiff's causes of action are based on acts that were already consummated. Having already been committed, these acts can no longer be enjoined. Simply stated, there is actually nothing to enjoin," wrote the judge in his ruling.
Judge Balut also ruled that it "appears" as though GMA-7 "seeks to enjoin acts beyond the prayer in the complaint", adding that "[this] cannot be done. It is anathema to an existing jurisprudence on the matter."
The judge also said that the court can't grant the petition for preliminary injunction because it would violate the Constitutional guarantee of freedom of expression.
"To issue the writ of preliminary injunction in this case would be to impermissibly interfere defendants' freedom of expression. It would be constitutive of a previous restraint or censorship, which no less than the Constitution abhors," Judge Inting wrote.
Judge Balut added that GMA-7 failed to lay down enough justifiable grounds to warrant prior restraint of ABS-CBN's reports.
"Applying one of the tests, i.e., The Clear and Present Danger Rule, the Court finds that plaintiff failed to lay down factual bases constituting a clear and present danger that would justify prior restraint. In fact, the bone of contention is purely civil in nature, such that the "substantive evil" which the State has the ultimate right to prevent is wanting."
OTHER OPTIONS. But Judge Balut also wrote in his decision that GMA-7 may still avail of other legal remedies outside of a preliminary injunction, like filing libel cases, if it feels that it has been wronged by past or future reports aired by ABS-CBN.
"If it believed defendants' acts are contemptuous or obstructive of a free and fair hearing on the case, plaintiff has other remedies provided under the Rules of Court," wrote the judge.
Judge Balut, however, also warned ABS-CBN not to abuse the right to free expression, either to destroy GMA-7's reputation or influence the outcome of cases being heard in court:
"Needless to state, pending the trial of this case on its merits, free expression must not be used as an instrument to perpetrate unlawful ends to the obstruction of the administration of justice."
It can be recalled that GMA-7, in its petition to the court, claimed that ABS-CBN made it appear through its news reports on the alleged TV ratings manipulation that the Kapuso network is "a fraudster and manipulator of the ratings in Bacolod City by deliberately twisting and distorting the statement of Ms. Reformina, the general manager of AGB Nielsen..."
