An attorney, who claimed to be speaking on behalf of a collective of “social media broadcasters” has initiated legal action for alleged cybercrime violations against Vice Ganda and Ion Perez, the host of “It’s Showtime”, at the Quezon City Prosecutor’s Office.
In an email statement sent to media professionals, Attorney Leo Olarte, who serves as the president of the Kapisanan ng mga Social Media Broadcasters ng Pilipinas Inc., mentioned that this legal action marks the initial step in a series of cases his organization plans to bring against individuals who breach Republic Act 10175, also known as the Cybercrime Prevention Act of 2012.
These cases will encompass violations occurring in both online and offline arenas.
What is Atty. Leo Olarte saying about the case?
He explained during a phone interview with INQUIRER.net that this legal action pertains to a breach of Article 201 of the Revised Penal Code, which specifically prohibits obscene displays and indecent content in connection with the cybercrime law. The primary objective is to compel ABS-CBN to remove specific videos from its social media accounts, including platforms like YouTube and others.
Leo Olarte explained that the “indecent act” in question involved Vice Ganda supposedly mimicking a “Sexual activity” by licking icing off his finger during the episode of the noontime show on July 25, 2023. He stated that the act of licking the icing is a suggestive reference to a sexual activity.
He further expressed concerns about the moral values being conveyed by these media figures to their audience and the public at large, pressing the need to establish a positive example to dissuade others from imitating such inappropriate displays.
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Article 201 of the Revised Penal Code defines as unlawful the dissemination of “immoral doctrines, obscene publication and exhibition, and indecent shows”. The prescribed penalty for this offense includes imprisonment for a period of six to 12 years, a fine ranging from P6,000 to P12,000, or a combination of both, depending on the court’s decision.
KSMBPI prepares to press other charges on Vice Ganda and Perez
In addition to the illegal breach of the Republic Act of 10175, KSMBPI is also in the process of preparing a separate criminal case against Vice Ganda and Prez, this time for purported violations of child abuse legislation.
What they did had a psychological effect on children, especially since it occurred in front of them. It can influence young minds and potentially lead them to imitate sexual behaviors. They are being introduced to these ideas, and since they are impressionable and still at a tender age, it is not a positive influence, Olarte elaborated.
INQUIRER.net acquired a copy of the complaint filed against Vice Ganda and Perez, who are partners in real life. The group also clarified that the initiation of the criminal case against the host comedian and Perez was not prompted by the MTRCB.
In contrast to the baseless rumors circulating, it is important to note that the KSMBPI’s legal action against Vice Ganda and Ion Perez had no connection whatsoever with the MTRCB or its recent 12-day suspension of the ABS-CNB television program “Its Showtime”, he added, referring to the Movie and Television Classification Board (MTRCB) decision on September 4.
Olarte stated that KSMBPI is an autonomous private advocacy group that serves no one but God, the nation, and the Filipino people. The suspension imposed by the MTRCB was based on purported indecent actions by Vice Ganda and Perez in a particular episode, as well as the alleged use of sexual language by one of the hosts in another episode.
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