Networks ratings report clarifications

MANILA, Philippines - We write on behalf of our client, AGB Nielsen Media Research (Philippines), Inc.

We refer to an article entitled “ABS-CBN leads Oct primetime TV rating”, under the byline of Zinnia B. Dela Peña, published in your 24 October 2011 print (at page C-2) and internet editions. The internet publication is still accessible at (http://wwwphilstar.com/Article.aspx?articeld=7405&publication-SubCategoryld=66).

The article reports the findings of AGB Nielsen and that of Kantar Media on the audience shares of the major television networks. The last paragraph of the article reads:

“ABS-CBN shifted to Kantar Media after filing a case against Nielsen Media Research for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings. The case is pending in court.”

Contrary to what the article says, the case filed by ABS-CBN against AGB Nielsen “for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings” is no longer “pending in court.” The suit was dismissed on 08 June 2009. The dismissal is certified final (see enclosed Certificate of Finality, 05 January 2010). While ABS-CBN petitioned to be relieved of the judgement, the effort failed. (See enclosed Orders, 27 October 2010 and 21 March 2011). Hence, the dismissal stands.

ABS-CBN had filed another case against AGB Nielsen. This is a proceeding for contempt of court. In it, ABS-CBN alleges that AGB Nielsen had disobeyed a temporary restraining order which had been issued in the dismissed case before its dismissal. While the contempt suit remains pending, the issue is whether AGB Nielsen had breached the temporary restraining order. It does not concern the subject matter of the dismissed case. It is not “a case against Nielsen Media Research for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings.”

In view thereof, we request that your paper publish a correction or clarification within five days from your receipt hereof.

Our client reserve its rights.