Soriano vs. Laguardia G.R. No. 164785 and G.R. No. 165636 .

April 29, 2009

Facts: Ang Dating Daan host Eliseo S. Soriano uttered the following statements in his TV program against Michael Sandoval (Iglesia ni Cristos minister and regular host of the TV program Ang Tamang Daan): Lehitimong anak ng demonyo! Sinungaling! Gago ka talaga, Michae! Masahol ka pa sa putang babae, o di ba? Yung putang babae, ang gumagana lang Doon, yung ibaba, dito kay Michael, ang gumagana ang itaas, o di ba? O, masahol pa sa putang babae yan. Sobra ang kasinungalingan ng mga demonyong ito. As a result, The MTRCB initially slapped Sorianos Ang Dating Daan, which was earlier given a G rating for general viewership, with a 20-day preventive suspension after a preliminary conference. Later, in a decision, it found him liable for his utterances, and was imposed a three-month suspension from his TV program Ang Dating Daan. Soriano challenged the order of the MTRCB.

Issue: Whether or not MTRCB has the power to order preventive suspension.

Rulings: The Supreme Court ruled that MTRCB has the power to order preventive suspension. It is a sanction that the MTRCB may validly impose under its charter without running afoul of the free speech clause. The suspension is not a prior restraint, but rather a form of permissible administrative sanction or subsequent punishment for the indecent contents of his utterances in a G rated TV program. Sorianos statement can be treated as obscene, at least with respect to the average child, and thus his utterances cannot be considered as protected speech. Citing decisions from the US Supreme Court, the High Court said that the analysis should be context based and found the utterances to be obscene after considering the use of television broadcasting as a medium, the time of the show, and the G rating of the show, which are all factors that made the utterances susceptible to children viewers. The Court emphasized on how the uttered words could be easily understood by a child literally rather than in the context that they were used.