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Law on Media and the Arts

Reginald Alberto B. Nolido

Law 199 - Law on Media and the Arts

Threatening to Publish

Art. 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

Law 199 - Law on Media and the Arts

Threatening to Publish Acts Punished: 1. By Threatening another to publish a libel concerning him or his parents, spouse, child or other member of his family. 2. By Offering to prevent the publication of such libel for compensation or money consideration. Blackmail Defined: Blackmail, in its metaphorical sense, may be defined as any unlawful extortion of money by threats of accusation or exposure. Two words are expressive of the crime – hush money. (US v Eguia, 38 Phil 857)
Law 199 - Law on Media and the Arts

357. — The penalty of arresto mayor or a fine of from 200 to 2.Law on Media and the Arts . even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. who shall publish facts connected with the private life of another and offensive to the honor. Law 199 . or both. virtue and reputation of said person.000 pesos. shall be imposed upon any reporter.Gag Law Art. Prohibited publication of acts referred to in the course of official proceedings. daily or magazine. editor or manager of a newspaper.

The prohibition applies even though said publication be made in connection wit or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Law 199 . That such facts are offensive to the honor. n.b. daily or magazine. virtue and reputation of said person.Law on Media and the Arts .Gag Law Elements: 1. That he publishes facts connected with the private life of another. 3. That the offender is a reporter editor or manager of a newspaper. 2.

magazine or periodical of general circulation cannot be compelled to reveal the source of any news report or information appearing in said publication which was related in confidence to such publisher. unless the court of a House or committee of Congress finds that such revelation is demanded by the security of the state. 1477. columnist or duly accredited reporter of any newspaper. 53 – Without prejudice to his liability under the civil and criminal laws.Gag Law This law must be viewed against the jurisprudence laid out in cases like Borjal Versus CA though. amending Rep. Act No.Law on Media and the Arts . Rep Act No. Law 199 . this law is more likely applicable only when the person involved is not considered a public figure. Considering this. the publisher. editor or reporter. editor.

Grave Scandal Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. When the acts are performed in a private house but seen by a person that is not grave scandal. How about private sex shows? Is this grave scandal? How about private rooms in ktv establishments?
Law 199 - Law on Media and the Arts

Grave Scandal
Elements: 1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency (propriety of conduct) or good customs (established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof). 3. That the highly scandalous conduct is not expressly falling within any other article of this Code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view (US v Samaniego 16 Phil 663), giving rise to scandal to persons who have accidentally witnessed the same.
Law 199 - Law on Media and the Arts

Pornography

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
(2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same;

Law 199 - Law on Media and the Arts

established policies. and (5) are contrary to law. indecent or immoral plays. prints. which are prescribed by virtue hereof. exhibit. (2) serve no other purpose but to satisfy the market for violence. give away (distribute) or exhibit films.Law on Media and the Arts . sculpture or literature which are offensive to morals. morals. lust or pornography. fairs. shall include those which (1) glorify criminals or condone crimes. (As amended by PD Nos. 960 and 969).Pornography (b) Those who. acts or shows. in theaters. lawful orders. (4) tend to abet traffic in and use of prohibited drugs. scenes. whether live or in film. (3) offend any race or religion. engravings. and good customs. Law 199 . decrees and edicts. cinematographs or any other place. public order. (3) Those who shall sell.

Pornography This offense in any of the forms mentioned in the article is committed only when there is publicity.Law on Media and the Arts . Author of obscene literature is liable only when it is published with his knowledge. Law 199 . sometimes specifically to sexual conduct. Moral implies conformity with the generally accepted standards of goodness and rightness in conduct or character.

Pornography Test of Obscenity: The test is whether the tendency of the matter charged as obscene. is to deprive or corrupt those whose minds are open to such immoral influences and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency. 45 Phil 352). (US v Kottinger. This follows the Hinklin Rule. Law 199 . This case though looked at isolated passages and based thereon the SC made a decision.Law on Media and the Arts . “Indecency” is an act against the good behavior and a just delicacy.

Law on Media and the Arts . Law 199 . applying contemporary community standards. The test employed there is as follows: whether to the average person. Mere nudity in pictures or paintings is not necessarily obscenity. the work was viewed using the dominant theme of the work to see if it appeals merely to prurient interests.Pornography In the Kalaw Katigbak case. the dominant theme of the material taken as a whole appeals to prurient interest. The proper test is whether the motive of he picture as indicated by it is pure or impure or whether it is naturally calculated to excite impure imaginations.

however. Material that is legally obscene is not protected by the 1st Amendment. Such material may. be freely distributed amongst adults.Pornography Definitions: Obscenity – A narrow class of material defined by the Supreme Court in the Miller Test. Law 199 . Indecent Material is also referred to as adult material or sexually explicit material. Obscene material is sometimes referred to as hard-core pornography. Many laws ban the sale or distribution of indecent material to minors.Law on Media and the Arts . Indecent Material – Material that may be sexually graphic but is protected by the First Amendment.

How about the freedom for adults to read adult material? Law 199 .Pornography The Hinklin Rule: A work is obscene if it has the tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall. Objection to this rule is that because of this rule American adults were permitted to read only what was fit for children.Law on Media and the Arts .

the dominant theme of the material taken as a whole must appeal to prurient interest in sex. 2. it must be utterly without redeeming social value. before something can be found to be obscene.Pornography In 1957. 3.Law on Media and the Arts .) Law 199 . (This proved to be troublesome. a court must find that the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters. which has 3 stages: 1. thus forming the Roth-Memoirs Test. the USSC ruled in the case of Roth v US and several other cases thereafter.

taken as a whole. which led to the Miller Test. applying contemporary local community standards.Pornography In 1973. Law 199 .Law on Media and the Arts . artistic. finds that the work. The work in question lacks serious literary. An average person. appeals to prurient interest. political or scientific value. This also had three steps: 1. 2. The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law. the USSC ruled in the case of Miller v California. 3.

This would be a dangerous rule as it can cover even healthy sexual appetites. the USSC said that “The community includes all adults who comprise it. Prurient Interest has been defined as “a shameful or morbid interest in nudity. and a jury can consider them all in determining relevant community standards… The vice is in focusing upon the most susceptible or sensitive members when judging the obscenity of the material.” Also. sex or excretion. Law 199 . Prurient cannot simply mean having the tendency to excite lustful thoughts.Law on Media and the Arts .Pornography Average Person: In Pinkus v US.

or state standards as it is deemed that all communities within the same state share the same standard. This gives rise to problems however where materials are shipped from across states. The company was indicted for violating the state obscenity statutes and they pleaded guilty. This becomes a bigger problem when materials are broadcast nationally. This is a case where local criminal laws were applied to programs carried nationwide by a satellite technology.Pornography Community Standards: This has been defined in the Miller Test to mean the standard of the local community. In the Home Dish Case hard core and soft core materials were provided subscribers nationally. Law 199 . Some 50 people subscribed in Montgomery County Alabama.Law on Media and the Arts .

Law 199 . normal or perverted.Law on Media and the Arts . In the case involving the R-rated movie Carnal Knowlegde. The USSC has ruled however that only what is called hard-core sexual materials meet the patently offensive standard. Justice Rehnquist wrote that materials are patently offensive if the include “ representations or descriptions of ultimate sexual acts. excretory functions and lewd exhibitions of genitals.Pornography Patent Offensiveness: This is to be judged by a trier of facts using contemporary community standards.” In the Philippines there must be passed some statute that defines what is patently offensive if our courts would wish to utilize the Miller Test. actual or simulated ” and “ representations or descriptions of masturbation.

artistic.” Law 199 .Pornography Serious Value: The test for this is not whether an ordinary person in the community would find serious literary. political or scientific value.Law on Media and the Arts . the USSC has warned lower courts to remain sensitive to any infringement on genuinely serious literary. but whether a reasonable person could find such value in the material. While the USSC has not set the standards for what constitutes serious value. artistic. political or scientific value.

Law on Media and the Arts . Law 199 . In other words. what may be permissible for adults could be held obscene for children.Pornography Variable Obscenity: The USSC has ruled in several cases that variable standards of obscenity may be used especially if the same is done for the protection of minors. Thus selling such materials to children would be violations of obscenity laws or to allow them to peruse the same.

Pornography Child Pornography: What is often prohibited is the act of distributing. and the material at issue need not be considered as a whole. a statute barred possession of any minor in a state of nudity who is not the person ’ s ward.” Law 199 .Law on Media and the Arts . This would have prohibited grandparents from have nude photos of their grandkids. it is not required that the sexual conduct portrayed be done so in a patently offensive manner. selling and even possessing such materials.” In Ohio. In determining whether a material involves child pornography. the USSC has said that “A trier of fact need not find that the material appeals to the prurient interest of the average person. The Ohio SC then ruled that the law only barred “depictions of nudity involving a lewd exhibition or graphic focus on a minor’s genitals.

” This was passed purportedly to protect children from pedophiles and child molesters. mechanical or other means in which “such visual depiction is. or appears to be.Pornography In 1996. which now prohibits not just the sale and distribution of any actual image that appears to depict minors performing sexually explicit acts but also computer-generated images and other pictures that are generated by electronic. Law 199 . a minor engaging in sexually explicit conduct.Law on Media and the Arts . that of teenagers having sexual relations. The USSC ruled that certain portions of this law violated the first amendment. They also ruled that no evidence had been presented that would link between the work and the possibility of child abuse. This law would bar the depiction of an idea. which is a fact of modern society and has been the theme of various works of art and literature. the US Congress passed an amendment to the child pornography act.

Law 199 . persuade. induce or coerce a child to perform in obscene exhibitions and indecent shows. whether live or in video.Any person who shall hire. employ. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. . use.Law on Media and the Arts .Pornography Under RP Law: RA 7610 states: Section 9. Obscene Publications and Indecent Shows.

Law on Media and the Arts . movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play.Pornography If the child used as a performer. the penalty shall be imposed in its maximum period. Law 199 . subject or seller/distributor is below twelve (12) years of age. guardian. Any ascendant. act. scene.

This law was deemed a violation of the 1st Amendment as it is unconstitutionally vague.Pornography Pornography and Women: In 1984. Law 199 . exploited or possessed through postures or positions of servility or submission. this same law was upheld in Canada. cut up or mutilated and who are presented as being dominated. Interestingly. who enjoy sexual pleasure in being raped. who are tied up. an Indianapolis Law was passed prohibiting works that portrayed the graphic. which were defined as pornographic. These include depiction of women as sexual objects who enjoy pain or humiliation.Law on Media and the Arts . sexually explicit subordination of women. violated.

the state has to prove that the seller was aware of the contents of this material. The USSC said that “If the bookseller is criminally liable without knowledge of the contents … he will tend to restrict the books he sells to those to he has inspected. Law 199 . and thus the state will have imposed a restriction upon the distribution of constitutionally protected as well as obscene literature.Law on Media and the Arts .Pornography Criminal Prosecution: In Smith v California (1959) the USSC ruled that before a person can be convicted for selling obscene books or magazines or whatever. Reality though is that criminal prosecution for obscenity is low because this is not deemed as serious as other crimes.

Pornography Film Censorship: Films acquired First Amendment protection in 1952.Law on Media and the Arts . Since then the USSC has reviewed many censorship laws to determine whether they comply with 1st Amendment standards. Law 199 . In general. the USSC has consistently said that censorship boards and the courts must make prompt rulings on whether a film may be exhibited and the government bears the burden of proving that a film is not protected under the 1st Amendment.

Pornography The Phil. SC said that a process. the exhibitor must be assured. by statute or authoritative judicial construction that the censor will. The burden of proving that the film is unprotected expression must rest on the censor. which requires prior submission of a film to a censor. Law 199 . either issue a license or go to court to restrain the showing of the film. within a specified brief period. 2. To this end.Law on Media and the Arts . Only a procedure requiring a judicial determination suffices to impose a valid and final restraint. avoids constitutional infirmity if it takes the following procedural safeguards: 1.

Pornography 3. Law 199 . Any restraint imposed in advance of a final judicial determination on the merits must similarly be limited to preservation of the status quo for the shortest fixed period compatible with sound judicial resolution. the procedure must also assure a prompt judicial decision.Law on Media and the Arts . to minimize the deterrent effect of an interim and possibly erroneous denial of a license. 4. Moreover.

suggestion.Pornography Erotic Material in Cyberspace: Starting in 1996 the US Congress passed three critical laws that dealt with erotic material in the Internet. proposal. the Child On-Line Protection Act of 1998 and the Children’s Internet Protection Act of 2001. image or other communication that. request. in context. transmit indecent material or allow indecent material to be transmitted over public computer networks to which minors have access.Law on Media and the Arts . These are the Communications Decency Act of 1996. sexual or excretory activities or organs. The CDA made it a crime to. Law 199 . Indecency was defined as “any comment. among others. depicts or describes in terms patently offensive as measured by contemporary community standards.

the USSC asked. the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive and to address to one another. homosexuality … or consequences of prison rape would not violate the CDA?” Justice Stevens added that by attempting to deny minors access to potentially harmful speech. Law 199 . Without a definition of either indecency or patent offensiveness.Pornography The USSC struck down the CDA because it was plagued by vagueness. “could a speaker confidently assume that a serious discussion about birth control practices.Law on Media and the Arts .

Harmful material was defined as material that. with respect to minors. that graphically depicts lewd or sexual behavior and that lacks serious literary.Law on Media and the Arts . A US District Court said that the law is unconstitutional because it suffered the same defect as the CDA. Law 199 . In attempting to protect minors from commercial sex sites. the Congress once again passed a law that interferes with the receipt by adults of constitutionally protected material. The USSC disagreed and remanded the case to the USCA. is specifically created to appeal to prurient interests.Pornography The Child On-Line Protection Act prohibits website from knowingly transmitting to minors material that is harmful to minors. artistic or scientific value. The USCA did not touch on this but said the use of community standard as basis is overbroad. and applying contemporary community standards.

For example the filters prevent access to some important health sites. Law 199 . The court said that the limitation to internet access would be the same as limitations to books which the libraries do not acquire.Law on Media and the Arts . The SC though invited further actions on this based on realworld experience. The USSC upheld the law though. These filters are controversial because many believe that libraries should not be in the business of censoring patrons and also because such filters do not work properly. Federal Courts struck down the law as it requires libraries to violate the 1st amendment to gain federal funding.Pornography The Child Internet Protection Act requires public libraries to install anti-pornography filters on all computers hat provide internet access in order to continue to receive federal funding that subsidizes their internet access.

277." Exhibit A-1 is a picture of five young boys and carries the legend "Greetings from the Philippines. The pictures which it is argued offend against the law on account of being obscene and indecent." Exhibit A-5 has the legend "Moros.. Philippines." Exhibit A-2 has the legend "Ifugao Belle. Exhibit A carries the legend "Philippines. Philippines." Exhibit A-3 has the legend "Igorrot Girl. Rice Field Costume. Bontoc Woman.Pornography Philippine Cases: People v Kottinger (1923) Facts: Kottinger was charged with having kept for sale in the store of the Camera Supply Co." Law 199 .Law on Media and the Arts . Philippines. disclose six different postures of non-Christian inhabitants of the Philippines. obscene and indecent pictures." Exhibit A-4 has the legend "Kalinga Girls. Greetings from the Philippines. in violation of section 12 of Act No.

Law 199 . are not offensive to chastity.Law on Media and the Arts . are not obscene or indecent. Another test of obscenity is that which shocks the ordinary and common sense of men as an indecency.Pornography Held: The test ordinarily followed by the courts in determining whether a particular publication or other thing is obscene within the meaning of the statutes. The pictures which depict the non-Christian inhabitants of the Philippine Islands as they actually live. or filthy. or foul. Pictures portraying the inhabitants of the country in native dress and as they appear and can be seen in the regions in which they live. without attempted presentation of them in unusual posture of dress. is whether the tendency of the matter charged as obscene. is to deprave or corrupt those whose minds are open to such immoral influences and into whose hands a publication or other article charged as being obscene may fall.

and the case of art only of secondary or minor importance.Law on Media and the Arts . if not the exclusive consideration in their exhibition. a large number of one-reel 16-millimeter films about 100 feet in length each. was charged with a violation of Article 201 of the Revised Penal Code for having exhibited in the City of Manila at the Globe Arcade.Pornography People v Go Pin Facts: Go Pin. when gain and profit would appear to be the main. Held: Paintings and pictures of women in the nude. a recreation center. that is. an alien and a Chinese citizen. including sculptures of the kind are offensive to morals where they are made and shown not for the sake of art but profit … commercial purposes. Law 199 . which are allegedly indecent and/or immoral.

(This is a dangerous test as the venue would dictate whether a work is indecent or not. and lust.Pornography Gain and profit would appear to have been the main. but rather people desirous of satisfying their morbid curiosity and taste. including the youth who because of their immaturity are not in a position to resist and shield themselves from the ill and perverting effects of these pictures.) Law 199 . and for love for excitement. if not the exclusive consideration in their exhibition.Law on Media and the Arts . were not exactly artists and persons interested in art and who generally go to art exhibitions and galleries to satisfy and improve their artistic tastes. and it would not be surprising if the persons who went to see those pictures and paid entrance fees for the privilege of doing so.

a permit to exhibit the film Kapit sa Patalim under the classification "For Adults Only. certain vital deficiencies in the application. respondent Board released its decision: "Acting on the applicant's Motion for Reconsideration dated 29 October 1984. Then on November 12. the Board. however. Law 199 .Pornography Gonzalez v Kalaw Katigbak Facts: In a resolution of a sub-committee of respondent Board of October 23. 1984. Considering." with certain changes and deletions enumerated was granted.Law on Media and the Arts . the Board further Resolves to direct the Chairman of the Board to Withhold the issuance of the Permit to exhibit until these deficiencies are supplied. A motion for reconsideration was filed by petitioners stating that the classification of the film "For Adults Only" was without basis. x x x Resolves to affirm in toto the ruling of the sub-committee. 1984.

The vulnerable and imitative in the young audience will misunderstand these scenes. Law 199 .“ Petitioners. or at least nearly naked. on the theater stage. “ Further: "Respondents further stated in its answer that petitioner company has an option to have the film reclassified to For-General-Patronage if it would agree to remove the obscene scenes and pare down the violence in the film. Another scene on that stage depicted the women kissing and caressing as lesbians. there exists scenes of excessive violence attending the battle between a group of robbers and the police.Law on Media and the Arts . filed this suit. refused and.Pornography The adult classification given the film serves as a warning to theater operators and viewers that some contents of Kapit are not fit for the young. however. Some of the scenes in the picture were taken in a theater-club and a good portion of the film shots concentrated on some women erotically dancing naked. And toward the end of the picture.

reference was made to respondent Board "applying contemporary Filipino cultural values as standard. as far as the question of sex and obscenity are concerned. “Obscene material is material which deals with sex in a manner appealing to prurient interest..” In the applicable law. Law 199 .g.Pornography Held: Citing Roth. in art.Law on Media and the Arts . Sex. The portrayal of sex. Executive Order No. Moreover. 876. it cannot be stressed strongly that the arts and letters "shall be under the patronage of the State. a great and mysterious motive force in human life has indisputably been a subject of absorbing interest to mankind through the ages. it is one of the vital problems of human interest and public concern. words which can be construed in an analogous manner. e. is not itself sufficient reason to deny material the constitutional protection of freedom of speech and press. literature and scientific works.

There is no orthodoxy in what passes for beauty or for reality. applying contemporary community standards.Law on Media and the Arts .Pornography The SC used the following test: whether to the average person. unless there is a showing that the product of his talent rightfully may be considered obscene. What is seen or perceived by an artist is entitled to respect. It then said. It is for the artist to determine what for him is a true representation. the dominant theme of the material taken as a whole appeals to prurient interest. “It will be less than true to its function if any government office or agency would invade the sphere of autonomy that an artist enjoys. It is not to be forgotten that art and belles lettres deal primarily with imagination. not so much with ideas in a strict sense. Law 199 .

878 is to be construed in such a fashion to avoid any taint of unconstitutionality. such standard set forth in Executive Order No. and in the light of the facts of this case. so the ruling remained valid.Pornography As so when put by Justice Frankfurter in a concurring opinion. "the widest scope of freedom is to be given to the adventurous and imaginative exercise of the human spirit ” in this sensitive area of a man's personality. On the question of obscenity. therefore. there were not enough votes to justify a finding of grave abuse of discretion.Law on Media and the Arts . Law 199 . Significantly. in spite of the findings of the majority of the court.

to wit: the said accused Jose Fajador y Garcia. the said accused conspiring and confederating together and mutually helping one another. immoral scenes and acts. in the city of Manila. this City. unlawfully and feloniously exhibit or cause to be exhibited inside a building at the corner of Camba Ext. and Morga Ext. did then and there willfully. willfully. as ticket collector and or exhibitor..Law on Media and the Arts . Tondo. thereby exhibiting or performing highly immoral and indecent acts or shows thereat. 1953. unlawfully and feloniously hired their co-accused Marina Palan y Alova and Cosme Espinosa y Abordo to act as performers or exhibitionists to perform and in fact performed sexual intercourse in the presence of many spectators. being then the manager and Ernesto Reyes y Yabut." Law 199 . Philippines.Pornography People v Palan Facts: That on or about the 13th day of September.

In it. which we have condemned for obscenity and as offensive to morals. and painters and sculptors might find inspiration in the showing of pictures in the nude. In those cases. or the human body exhibited in sheer nakedness. preceded by acts of lasciviousness. inspiring and causing as it does. can have no redeeming feature. One can see nothing in it but clear and unmitigated obscenity. and exerting a corrupting influence specially on the youth of the land.Law on Media and the Arts . Law 199 . that connoisseurs of the same. nothing but lust and lewdness. and an offense to public morals. But an actual exhibition of the sexual act. one might yet claim that there was involved the element of art. as models in tableaux vivants.Pornography Held: We have had occasion to consider offenses like the exhibition of still or moving pictures of women in the nude. there is no room for art. indecency.

elements of the Special Anti-Narcotics Group. Manila. publications and other reading materials believed to be obscene. Among the publications seized. in the presence of Mayor Bagatsing and several officers and members of various student organizations. pornographic and indecent and later burned the seized materials in public at the University belt along C. 1983.Law on Media and the Arts .Pornography Pita v CA Facts: On December 1 and 3. INP of the Metropolitan Police Force of Manila. was "Pinoy Playboy" magazines published and co-edited by plaintiff Leo Pita. Bagatsing.M. pursuing an Anti-Smut Campaign initiated by the Mayor of the City of Manila. Auxilliary Services Bureau. newsstand owners and peddlers along Manila sidewalks. magazines. Western Police District. Recto Avenue. and later burned. Law 199 . distributors. Ramon D. seized and confiscated from dealers.

For obvious reasons. and keep in step with the rapid advance of civilization. smut is not smut simply because one insists it is smut. say. a danger that must not only be (1) clear but also. is not necessarily repulsive to the present generation. in the legitimate exercise of police power. (2) present. The burden is on the State to demonstrate the existence of a danger. So is it equally evident that individual tastes develop. there is no challenge on the right of the State. to justify State action to stop the speech. Law 199 . What shocked our forebears. adapt to wide-ranging influences. five decades ago. to suppress smut — provided it is smut.Pornography Held: In the case at bar.Law on Media and the Arts .

issued a Search Warrant for violation of Article 201 of the Revised Penal Code against petitioner Gaudencio E. Fernando Music Fair. On May 5. CA Facts: Acting on reports of sale and distribution of pornographic materials. and the seizure of the following items: Law 199 . The warrant ordered the search of Gaudencio E.Law on Media and the Arts . Fernando Music Fair (Music Fair). police conducted a surveillance on the store bearing the name of Gaudencio E. Branch 19. 1999.Pornography Fernando vs. Judge Perfecto Laguio of the Regional Trial Court of Manila. Fernando and a certain Warren Tingchuy.

Copies of New Rave Magazines with nude obscene pictures. which they deemed pornographic. police officers of the PNP-CIDG NCR served the warrant on Rudy Estorninos. who. Issue: Are they guilty? Law 199 . Copies of IOU Penthouse Magazine with nude obscene pictures.Pornography a. introduced himself as the store attendant of Music Fair. Copies of Hustler International Magazine with nude obscene pictures. Copies of VHS tapes containing pornographic shows. On the same day.Law on Media and the Arts . c. according to the prosecution. and d. The police searched the premises and confiscated twenty-five (25) VHS tapes and ten (10) different magazines. b.

exhibited. and (b) the offender sold. the dynamism of human civilization does not help at all. The Court in Pita emphasized the difficulty of the question and pointed out how hazy jurisprudence is on obscenity and how jurisprudence actually failed to settle questions on the matter. publication.Law on Media and the Arts . Significantly.Pornography Held: To be held liable under Art 201. picture or literature are obscene. Law 199 . the prosecution must prove that (a) the materials. published or gave away such materials.

California which established basic guidelines. adapt to wide-ranging influences. It seems futile at this point to formulate a perfect definition of obscenity that shall apply in all cases. Law 199 . and keep in step with the rapid advance of civilization. There is no perfect definition of "obscenity" but the latest word is that of Miller v." No one will be subject to prosecution for the sale or exposure of obscene materials unless these materials depict or describe patently offensive "hard core" sexual conduct.Law on Media and the Arts .Pornography It is evident that individual tastes develop. it would be a serious misreading of Miller to conclude that the trier of facts has the unbridled discretion in determining what is "patently offensive. X x x But.

normal or perverted.Law on Media and the Arts . and (b) patently offensive representations or descriptions of masturbation. and lewd exhibition of the genitals. What remains clear is that obscenity is an issue proper for judicial determination and should be treated on a case to case basis and on the judge’s sound discretion.Pornography Examples included (a) patently offensive representations or descriptions of ultimate sexual acts. excretory functions. the trial court found the confiscated materials obscene and the Court of Appeals affirmed such findings. In this case. Law 199 . actual or simulated.

we find that petitioners are engaged in selling and exhibiting obscene materials. The law does not require that a person be caught in the act of selling. is not punishable under Article 201. displayed or exhibited to the public. Law 199 . or give them away. for as long as the said materials are offered for sale. exhibit.Law on Media and the Arts . The offense in any of the forms under Article 201 is committed only when there is publicity. without intention to sell.Pornography Did petitioners participate in the distribution and exhibition of obscene materials? We emphasize that mere possession of obscene materials. In the present case. giving away or exhibiting obscene materials to be liable. considering the purpose of the law is to prohibit the dissemination of obscene materials to the public.

exhibition of pornographic materials including images that appear in traditional media x x x to protect the morals of society. 2464: Anti-Pornography Bill On July 8. The bill aims to criminalize the publication.Pornography Senate Bill No. Senate President Manuel Villar proposed the creation of an Anti-Pornography Bill. In the explanatory notes it states that “it is the duty of the State to give special value to the dignity of every human person and to promote and safeguard its integrity and the moral. from the pernicious effects of obscenity and pornography. spiritual and social well-being of its citizenry. 2008. especially the youth in general and women in particular. Law 199 .Law on Media and the Arts . broadcast.

publisher. feelings or experiences or sexual acts . distributor or exhibitor such as but not limited to: (1) showing. printer. depicting or describing completely nude human bodies. (3) showing.or (5) performing live sexual acts in whatever form. or tends to corrupt or deprave the human mind. regardless of the motive of the producer. or violates the proprieties of language and human behavior.Pornography Obscene is defined therein as “anything that is indecent or offensive or contrary to good customs or religious beliefs. Law 199 .Law on Media and the Arts . writer. principles or doctrines. importer. seller. (2) showing. depicting or describing sexual acts. depicting or describing human sexual organs or the female breasts. (4) describing erotic reactions. or is calculated to excite impure thoughts or arouse prurient interest.

Law on Media and the Arts . illustrations. contained in any format. outdoor or broadcast mass media. in all forms of film. which are calculated to excite. games. writings literature or narratives. electronic. illustrations. or whatever future technologies to be developed. advertisements. music. Law 199 . television shows. still or moving pictures.Pornography Pornography or pornographic is defined referring to objects or subjects of film. regardless of the motive of the author thereof. paintings. drawings. whether audio or visual. print. stimulate or arouse impure thoughts and prurient interest. photography.

selling advertising or distributing obscene or pornographic materials in all forms of mass media. exhibiting. exhibiting. (b) Causing the showing or exhibition. or other places open to the public. of the selling of obscene or pornographic materials in all forms of mass media. Law 199 . including private buildings. selling or distributing obscene or pornographic movies in whatever format. importing. publication or advertising. showing.Pornography The following acts are declared illegal and punishable: (a) Producing. (c) Showing. places or houses where the viewers are not limited to the owners thereof and the members of his family. in any restaurant. distributing or the printing.Law on Media and the Arts . club. whether produced in the Philippines or abroad. printing.

(e) Performing. public places or any place open to public viewing. and (f) Performing or allowing the performance of live sex or live sexual act in public. Law 199 .Law on Media and the Arts . acting or exhibiting any obscene or pornographic act in any form of mass media. demonstrating.Pornography (d) Writing any obscene or pornographic article in any print or electronic medium.

while the Review and Classification Committee shall review and classify motion pictures. as proposed in the bill. Rep. Law 199 . shall primarily be tasked to promulgate and implement the policies and rules and procedures governing the mandate of the MTRCC.Law on Media and the Arts . can be appealed to the Office of the President. which. Abante added that the commission shall also serve as an appeals body for all “X” or “D” classifications.Pornography House Bill 2294 The 10-member commission. and free and cable television materials. under the current set-up.

Pornography He said the proposed MTRCC would not only classify movies but censor them as well. “We would like a board or a commission (whose policies) would be more family-oriented.” he stressed.Law on Media and the Arts . Law 199 . more womenfriendly and children-friendly.

Law on Media and the Arts . The MTCB shall be confined only to the classification of motion pictures and television programs. The MTCB shall not be authorized to censor or modify or absolutely ban any motion picture. violent or inimical to public interest. Section 15 of MTCB Act of 2009 specifies how a motion picture or material can be considered obscene. and other related materials.Pornography House Bill 6425 shall establish a Movie and Television Classification Board (MTCB) which shall replace the existing MTRCB. It states that a motion picture or material shall be considered obscene only when the same clearly meets all the following elements: Law 199 .

applying contemporary community standards. taken as a whole. • The work depicts or describes sexual conduct in a patently offensive way • The work taken as a whole. Law 199 . the proposed measure shall ensure that those who have qualifications.Law on Media and the Arts . expertise and skills shall be the ones responsible in the classification of motion pictures and television programs. lacks serious literary. intention and culture. artistic. political or scientific value. manner of presentation. Furthermore. and viewed within its context. appealing to prurient interest and satisfying only the market for gratuitous sex and violence. would find the work.Pornography • The average person.

142. Law 199 . or other representations tending to the same end. Inciting to sedition. or which suggest or incite rebellious conspiracies or riots.Inciting to Sedition Art. writings. — The penalty of prision correccional in x x x shall be imposed upon any person who. publish. by means of speeches. write. or any of the duly constituted authorities thereof. or which tend to disturb or obstruct any lawful officer in executing the functions of his office. cartoons. proclamations. without taking any direct part in the crime of sedition. emblems. or circulate scurrilous libels against the Government (x x x) of the Philippines. or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. should incite others to the accomplishment of any of the acts which constitute sedition. or who shall knowingly conceal such evil practices. the safety and order of the Government.Law on Media and the Arts . banners. or which tend to instigate others to cabal and meet together for unlawful purposes. or upon any person or persons who shall utter seditious words or speeches.

etc. publishing or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof. emblems.Inciting to Sedition Different Acts of Committing Inciting to Sedition: 1. Law 199 .Law on Media and the Arts . writings. Inciting others to the accomplishment of ay of the acts which constitutes sedition by means of speeches. 3. 2. Uttering seditious words or speeches which tend to disturb the public peace. which tend to disturb the public peace. proclamations. Writing.

That the offender does not take direct part in the crime of sedition. 2.Inciting to Sedition Elements of Inciting to Sedition to accomplish any of its objects: 1. writings. emblems. cartoons banners or other representations tending to the same end. That he incites others to the accomplishment of any of the acts which constitute sedition. Law 199 . That the inciting is done by means of speeches. 3.Law on Media and the Arts . proclamations.

Law on Media and the Arts . They tend to instigate others to cabal and meet together for unlawful purposes. They tend to disturb or obstruct any lawful officer in executing the functions of his office. or 4. or 2.Inciting to Sedition Uttering seditious words or speeches and writing. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. publishing or circulating scurrilous libels are punishable when: 1. They suggest or incite rebellious conspiracies or riots. the safety and order of the Government. or 3. Law 199 .