Powers of anti-obscenity board ‘violate the law’

Even with the makeover of the proposed  Anti-Tabloid Ordinance into an “Anti-Obscenity” measure, it still did not get the nod of the multi-sector Cebu Citizen’s Press Council (CCPC).

The CCPC yesterday    said  two provisions on  the powers of  a proposed Anti-Obscenity Board of Cebu prvoince violate  Constitutional  mandates on press freedom and property rights.

During its quarterly en banc meeting,  the CCPC  passed a resolution adopting the view of its legal adviser, the Cebu Media Legal Aid (Cemla).

While noting that the Provincial Board  overhauled its original ordinance and proposed the creation of an Anti-Obscenity Board, the  council objected to   Section 9 (b) and (c) which defines the power of the board “to conduct inspection and/or investigation” of any printed or writtern materials for sale and distribution to the public.

The provision  also “recommended the confiscation or forfeiture” of obscene materials to the governor.

The discussions were also attended by  Earl Bonachita, president of the Integrated Bar of the Philippines Cebu City Chapter, one of the groups that found the province’s draft ordinance unconstitutional.

Cemla, a group of volunteer lawyers who also practice as journalists, said these powers  constitute prior restraint and violate due process of law.

“Confiscation of property, under the guise of obscenity, is not within the power of the Anti-Obscenity Board or the governor.  Only the court can order the seizure after  legal steps are taken,” said Cemla.

Cemal and the CCPC also said that the ordinance authored by Vice Gov. Agnes Magpale, was unnecessary since the Revised Penal Code already embodied rules on obscenity.

“It was dangerous, as it entrusted enforcement, which included the seizure of printed materials, including tabloids, to town and city mayors in the province who might have ax to grind against the publications,” said Prof. Mayette Tabada, who read the position of the CCPC.

Lawyer Pachico Seares, Sun Star’s public and standards editor, also said newspapers and magazines are highly perishable commodities that would suffer serious loss if copies are confiscated, making the seizure an act of prior restraint and violation of due process.

The proposed ordinance is still pending study at the PB committee on laws.

The CCPC resolution  said it authorizes  Cemla president Elias Espinoza to represent the council at public hearings the PB may call.

Last month, the Cebu City Prosecutor’s Office dismissed complaints filed by the Cebu City Anti-Indecency Board against Cebuano tabloids Sun.Star Superbalita and Freeman Banat.

While the CAIB complained that  columns “From Junquera with love” in Superbalita and “Wildflower” in Banat were vulgar and obscene, prosecutors disagreed. The fiscals said the content,  taken in its entirety, had redeeming value as literary pieces.