Is it appropriate for a broadcasting company to announce the use of a particular social networking site?

Almost all major broadcasting companies now ride on the popularity of the social networking websites (SNW) to further expand the scope and the mode by which they can reach the public. Whether it be in furtherance of the delivery of services or simply enticing the public to connect with them for information, entertainment or product promotions, these broadcasting companies have utilized particular names of SNW (e.g. facebook, twitter, etc.) wittingly or unwittingly, to the disadvantage of other less popular SNW. An issue may then be raised regarding the propriety of announcing a particular social networking site or sites as vehicle for their company promotions. ABS-CBN, GMA, ABC, the three leading local broadcasting channels (based on number of viewers) in the Phillippines for example suggest to their viewers to follow them on their respective Twitter accounts or like them in their Facebook page.

Wikipedia listed1 around 300+ SNWs and at least a third said list will fall within the category of the two popular sites above named, i.e. Facebook and Twitter. The reason why these two SNWs were particularly chosen is obviously due to its popularity not only in this country but worldwide. Undoubtedly, these two companies are benefitting one way or the other, to the said free advertisements being done by these broadcasting companies. However, as mentioned above, this seemingly unconscious endorsement may arguably be causing injury to the other SNWs because of the resulting unfair competition. It may not be a deliberate or intentional act on the part of the broadcasting companies, but the result is still the same. An unfair playing field is created, where the popular becomes more popular and the less popular becomes lesser known.

At first glance, said act of the broadcasting companies is seemingly harmless. But a closer look may give us inkling that there probably is something wrong. The act of endorsing a particular brand of commercial products for example without giving similar opportunity to the other competitor product can be construed as anti-competitive, in that they increase the power of firms within a market to the extent that this inhibits competitive conduct2. This is similarly true with SNWs which are also generally profit-oriented business enterprises relying on the existence of a level playing field. This notwithstanding, the undersigned is of the opinion that our existing laws, although recognizes in principle the maintenance of such “level playing field”, does not specifically address this issue to the extent that it can actionable in court or administrative tribunals.

At present, the Philippines has no explicit competition policy framework. The promotion of competition has been implicit at best, by the passage of laws meant to address specific situations. The Philippine Constitution, The Revised Penal Code, The Civil Code of the Philippines all conta

1 http://en.wikipedia.org/wiki/List_of_social_networking_websites

2 http://www.tariffcommission.gov.ph/competit.html