Media lawyers howl; Capitol lawyers defend proposal

Although suggestions are welcome, a clear message was sent: There’s no backing down on the “anti-tabloid ordinance.”

Vice Gov. Agnes Magpale and the Provincial Board is determined to see the passage of a Cebu ordinance to prohibit obscene content in tabloids and similar publications, said her chief of staff Basiliso Sungcad yesterday.

The proposed ordinance was described as “unconstituional, unnecessary and dangerous” by media lawyers in a meeting of the Cebu Citizens-Press Council, where staff members of Vice Gov. Magpale were present.

Sungcad said the vice governor anticipated these objections and assured that the media will be invited to a public hearing “to air your concerns.”

The draft ordinance was introduced on Aug. 15 by Magpale, and passed on first reading. It is pending study with the PB committee on laws, which will call a hearing “before the year ends.”

“There will be a public hearing … we hope that you (local media) will be there to participate,” he said.

Sungcad appeared with Magpale’s legal consultant Michel Ligan and staff member Zesareem Joseph Estella, who faced tri-media members of the CCPC and the Cebu Media Legal Aid (Cemla), which is a group of volunteer lawyers who include columnists and editors.

It was the first time Cebu journalists discussed the controversial ordinance directly with Magpale’s key staff, who helped draft the legislation. (Magpale was invited to the CCPC quarterly meeting but was unable to attend due to a previous commitment. She sent her staff instead.)

The verbal exchange was heated at times.

Ligan admitted there were several holes in the proposal (“daghang buslot”) and there were “many things to iron out,” including a possible change of the title of the ordinance itself.

He said “discussion is fluid” and asked the media to wait for the invitation for a public hearing.

At one point, Ligan held up as examples the copies of Tagalog tabloid “Tonight” and Cebuano tabloid “SuperBalita” featuring scantily dressed women on the front pages.

The CCPC, whose meeting was presided yesterday by businessman Ben Dapat, has not come up yet with its position on the Capitol’s proposed measure.

Dapat later said the council plans to arrange a “dialogue” with the vice governor.

FATAL FLAWS

Columnist-lawyer Frank Malilong Jr. opened the discussion by reading the position of Cemla on “the Anti-Tabloid Ordinance of 2011.”

He said the proposed ordinance had “fatal flaws” and may be open to abuse.

The Cemla statement said the prohibition against the sale, distribution and possession of tabloids deemed “immoral” or “indecent” in content was a form of prior restraint, which is unconstitutional, and that allowing the seizure of tabloids was a form of censorship and a violation of press freedom.

“While the proponents are apparently well-intentioned, concerned about protecting community values, and Cemla rejects obscenity, we believe the proposal is unconstitutional, unnecessary and dangerous,” said Malilong.

“Under the ordinance, a tabloid is erroneously defined. It classifies any small-sized and obscene paper as a tabloid. It equates tabloids with obscenity. There are tabloids that are not obscene (most community papers in the country are tabloids) just as there are broadsheets that are obscene. Its ambiguity and deceptiveness are fatal flaws in any legislation,” Malilong said reading Cemla’s statement.

Cemla, a group of 12 practicing media lawyers, warned of the dangers of its passage.

“The ordinance may be open to abuse as determination of what is obscene is left to town and city mayors who may have grudges against publications that publish adverse news or opinion,” the statement read.

“Under both U.S. and Philippine jurisprudence, there is no clear and specific definition of obscenity. Our Supreme Court has consistently ruled that obscenity is determined by the Courts, not just on the say-so of public officials or functionaries of boards or commissions.”

After Malilong read the statement, Sungcad explained the origin of the proposed ordinance.

WORRIED WOMAN

He said that Vice Governor Magpale was moved to act “as a grandmother, mother and woman” who was worried about the effects of pornography on children and women.

He said since 2008, the Provincial Women’s Commission has been asking the Cebu Provincial Board to enact an ordinance that would stop the proliferation of lewd photos and articles in “local tabloids.”

Sungcad said the vice governor had “no ill intention” toward the media but was “duty bound to act; otherwise, she will be accused of not doing anything.”

He said Magpale was forewarned to expect strong resistance from the media, and was ready for it and open to discuss revisions of her sponsored ordinance.

“So let us just allow the (proposed) ordinance to take its course,” he said.

Cemla member Fritz Quinanola asked what was their definition of “obscene” and what they thought of bikini photos of Miss Philippines Shamsey Supsup and other Miss Universe contestants that appeared in a national paper, the Philippine Daily Inquirer.

“It depends on how the photo is taken,” replied Ligan.

He then held up copies of a Tagalog and a Cebuano tabloid featuring scantily clad women on the front page.

“What do you feel when you see these photos?” asked Ligan.

“Will your testosterone level go up?”

Cemla member Pachico Seares, Sun.Star public standards editor, criticized the proposed ordinance as “flawed from the very beginning” and said Magpale still has the option to withdraw it.

“At this stage, did it not occur to you to study the legalities? … It reflects how poorly the ordinance is made,” he told the vice governor’s staff.

He said there was no need to wait for a public hearing to amend or withdraw the ordinance, adding “it is a waste of time debating over issues on unconstitutionality nga klaro man kaayo.”

He and Cemla lawyer Ian Manticajon were reacting to Sungcad’s account of how the first draft of the ordinance was prepared.

Sungcad said he typed it up on his own initiative after a security guard came to him with a tabloid and complained about a sexy front-page photo. The guard brought it, asking if Magpale could do something about it as an advocate of women’s rights.

Later on, when Magpale decided to act on the PWC’s repeated complaint about “obscene” tabloids, Sugcad said he made revisions in the proposal.

Cemla lawyers were indignant at the apparent lack of research that went into the measure. Manticajon commented that “as a taxpayer, I can’t accept this waste of time and effort” on a piece of legislation.

CDN publisher Eileen Mangubat later asked whether Magpale and her staff were open to a dialogue with the Cebu Citizens-Press Council prior to the PB public hearing. The staff said yes.

The target of the proposed tabloid ban, based on the draft, are tabloids whose pictures and other content are considered “immoral,” “vulgar” and “sexually provocative”.

As proposed, violators face a P5,000 fine or jail term of six months to one year with copies of the publication confiscated as evidence.

The volunteer lawyers of Cemla are Piedad “Bingo” Gonzalez, Quiñanola, Pedro Rosito, Elias Espinoza, Malilong Jr., Maria Dee Seares-Del Rosario, Seares, Rosemarie Versoza, Eddie Barrita, Lucille Karen Isberto, Ruphil Bañoc and Manticajon.