Anti-indecency board files complaint over ‘lewd’ columns

Acriminal complaint was filed yesterday against  two Cebuano-language tabloids for columns that the Cebu City Anti-Indecency Board (CCAIB) said were “obscene, indecent, and sexually suggestive.”

The board, which is under the Office of the Mayor, said they decided to file the complaint after two columns in Sun.Star SuperBalita and Banat News continued to appear despite their appeals to their  editors and publishers to “tone down” the “obscene” language.

The complaint was the first time the board pressed charges against a local publication and is expected to stir debate on how to define obscenity and whether freedom of expression is being curtailed.

Dr. Lucelle Mercado, CCAIB chairman, led members of the board in filing the complaint with the Cebu City Prosecutor’s Office.

They said the respondents violated Cebu City Ordinance 1408 or the Anti-Indecency Ordinance, and Article 201 or the Revised Penal Code of the Philippines which prohibits “obscene publications and exhibitions, and indecent shows”.

Named respondents were Sun.Star SuperBalita editor in chief Michelle So, Sun.Star president and general manager Julius Neri Jr., and writer Fred Fuentes Monternel of the daily column “From Junquera with Love.”

So told Cebu Daily News she would give her comment after reading a copy of the complaint.

Also named respondents were Banat News publisher Juanito Jabat, Philippine Star president Miguel Belmonte,  and writer Cindy Jones of the column “Wildflower”.

Wenceslao Selendron, news editor of Banat News, said they would answer the charge.

“Atubangon na namo. Dili ta kalikay ani (We will face the accusations. We won’t evade them),” Selendreon said in a phone interview.

Selendron said CCAIB had called the tabloid’s attention several times about the “Wildflower” column using “lewd” language but said whether the material is actually obscene depends on on how the readers interpret it.

“Dili man ta kasunod sa mga nagsuwat sa articles. Usahay mo lie low sila (We can’t always monitor the writers. Sometimes they lie low),” he said.

The news editor said the complaint will be referred to their lawyer

He said the case will be referred to Banat News’ lawyer Jesus Atoc.

On the part of Sun.Star SuperBalita, So said they yet to read the complaint filed by CCAIB against them.

“Until I’ve read it, I will hold my comment,” So said in a text message.

The CCAIB said it first wrote to the publishers of both tabloids in Oct. 14, 2010, complaining about the columns and reminding them of City Ordinance No. 1408’s prohibition of “indecent” “pornographic” publications.

The letter was signed by Mercado and “noted” by Mayor Michael Rama.

Then editors of both SuperBalita and Banat were invited on June 1, 2011, for a conference to discuss the complaint.

“It was disclosed during the conference that the articles were continuously published because it caused the sales of the newspaper and it catered to the lustful interest of certain sectors of society,” CCAIB said.

“Banat represented by Wen Celen in behalf of Juanito Jabat (publisher) and SuperBalita represented by Michelle So agreed that the articles will be tone down or that obscene, indecent or sexually suggestive language will be minimized and eliminated.”

“We informed them that the newspaper publications will be closely monitored.”

Then in the CCAIB’s regular meeting on June 8, 2011, at the mayor’s conference room, members read issues of Superbalita dated June 7 and 8 and found the contents of the column “From Junquera with Love” were “still obscene, indecent and used sexually suggestive language.”

(Junquera Street in downtown Cebu City is a well- known red-light district for prostitution.)

The board  quoted parts of a June 8  column, which described a couple’s tight embrace and references to the size of the genitals of the man and woman.

In the June 7 column, dialogue was quoted of a couple engaged in the sexual act.

Part of the “Wildflower” columns in the June 9 and 10 issues of Banat were also quoted in the complaint, describing a man and woman in a similar situation.

Their complaint-affidavits were subscribed and sworn to before Assistant City Prosecutor Aida Sanchez.

As part of a preliminary investigation, the respondents will be asked to file counter-affidavits.

If probable cause is found against the respondents, charges will be elevated in court.

Cebu City’s anti-indecency ordinance carries a P5,000 administrative fine or  a penalty of six to 12 years  imprisonment and/or a fine of P6,000 to P12,000.

In its complaint-affidavits, CCAIB said the respondents violated both the ordinance and the Revised Penal Code.

“We all agreed and believed that the publications are indecent, obscene and served no other purpose but to satisfy the market for lust and pornography, which must be stopped at all cost considering the accessibility and availability of the said publications to the public including minors,” CCAIB said.

Mercado chairs the CCAIB with  eight members: Tessa Paradiang-Cang, Ma. Socorro Alfafara, Marie Velle Abella, Joan Arnoco, Dominic Dino, Cipriano Balili, Jess Anthony dela Cruz and Juliet Balboa.