Recent tabloid reports brought up an issue against ABS-CBN concerning apparent commercial overloading. Citing recent Nielsen hourly load tracking data from the period of June 26 to July 2, it was said that the network supposedly committed “61 cases of overloading.”

To illustrate this point, the reports also cited that last July 1, ABS-CBN’s noontime show “Wowowee” had registered a “total of 34.5 commercial ad load minutes” during its 1pm to 2pm segment. This, according to the article that also appeared online, “is nearly double the cap on ad loads per hour that KBP [Kapisanan ng mga Brodkaster ng Pilipinas] is supposedly reinforcing.”

While it is unclear if there are any complainants at this point that instigated the news items, what is clear is that the KBP’s Revised Version of the Television Code, which is available on their website (www.kbp.org.ph), states in its Advertising Standards section under the Time Standards for Non-Program Materials article, that, “Commercial load for television in Metro Manila shall not exceed eighteen (18) minutes per hour in foreign or local programs, inclusive of breakspots.”

Given this rule, there is reason to call the network’s attention, but more so the KBP’s. But the association’s non-action, as the tabloid pieces have put forth, apparently has a valid reason.

“It should be put in context,” says Atty. Rudolph Jularbal, Chief Legal Counsel of the KBP, in an exclusive interview with Bulletin Entertainment. “There is such an 18-minute rule in our advertising time standard. However, when GMA resigned from KBP, the Board passed a resolution imposing a moratorium on that rule because the resignation of GMA put a member of KBP at a disadvantage.” Indeed, with GMA leaving, they would no longer be subject to the said ruling.

According to the reports, GMA had pulled out of the KBP in 2003. Atty. Jularbal, however, conferred with the staff at KBP and said the network left in 2005. Regardless of this discrepancy, the legal counsel said that the moratorium had been imposed “shortly after GMA pulled out of KBP.”

Atty. Juralbal admits that GMA left the KBP precisely because of the commercial overloading issue. “Sinasabi nila is, meron tayong commercial load regulation na hindi nasusunod… They were saying na why are we being penalized while some networks are not…”

But perhaps what is startling is that a major network could actually operate outside the regulations of a broadcasting association like the KBP. “Membership in the KBP is purely voluntary,” he clarifies. “Everybody’s subject to the NTC [National Telecommunications Commission] in so far as technical operations. [But] When it comes to trade and commercial practices, as well as some ethical practices, then they’ll just have to regulate themselves. When it comes to content, advertising laws, advertising standards, it’s purely voluntary.”

“We’re thankful, of course, that ABS-CBN would rather operate within the context of being a member of the organization rather than outside,” he adds.

Naturally, this kind of set-up is inherently problematic. “Of course, there will still be the issue of non-members not being subject to the same restraint [imposed on its members]. That’s [what] we have to address. As much as possible kasi, particularly when it comes to the commercial aspects of the business of broadcast, everybody should be on an even playing field. That’s one role that the KBP is trying to promote.”

Atty. Juralbal nevertheless insists that the KBP is continuously working at addressing that problem. “One school of thought, in fact, is what [KBP’s first President and esteemed journalist] Emil Jurado is saying, that ‘You might as well abolish that rule.’ But the KBP does not want it that way naman. And ABS-CBN also feels that it would not be appropriate naman to have an open season.”

“But I think what is important here is that there is a consensus that there [should be] some level of restraint to be observed,” he points out. And restraint is in order indeed.

Back in 2008, in an open forum at the World Marketing Conference at the SMX Convention Center, Emily Abrera, regional chair of the McCann Worldgroup Asia, said that the Philippines has the highest commercial load per hour in Asia.

In an interview with abs-cbnNEWS.com/Newsbreak, Abrera reiterated this view about the 18 minutes of commercials per hour (the limit in other Asian countries is 12 to 14 minutes per hour). She said that too many commercials have forced viewers to develop an “anti-advertisement” behavior wherein they would change channels as soon as commercials begin. In the same forum, she was said to have lamented that GMA was no longer a member of the KBP.

For now, regarding this recurring issue against ABS-CBN, Atty. Juralbal says, “I’d like to emphasize that because of the moratorium, there is technically no violation done yet. Let me emphasize—yet… until the moratorium is lifted or until new rules are put up.”

“We are also in consultation with affected industries,” he says regarding the process of revising the ruling. “The advertising industry, particularly the advertisers—they are also stakeholders in this. In fact, malapit na kaming matapos,” he declares, adding, “There’s only one aspect missing to it, it’s the final consultation with advertisers. More or less we have a formula already.”

Indeed, in an industry where every minute counts, a fierce battle might really have to be fought. But we can only hope that the ultimate winners would be the viewers and consumers.