Body to take back proposed ‘no court order’ revision

CEBU, Philippines- The Cebu City Anti-Indecency Board will withdraw its proposed amendment to City Ordinance 1408 that adds a provision authorizing the seizure of printed materials or publication deemed indecent without a court order.

This was after the Cebu Citizens-Press Council and the Cebu Media Legal Aid  opposed by amendment, which the two organizations said deliberately abridges the freedom of expression.

“Ang katong uban natong amendment sa CCAIB, nga katong portion on reading materials kinahanglan og naay court order, so dili nalang namo i-apil,” said Dr. Lucelle Mercado, concurrent city administrator and CCAIB head.

She said they came up with the decision during a recent meeting with their members.

Mercado said the board invited CCPC executive director Pachico Seares to join the meeting but he declined, saying there was no more need since he has already expressed his objection with fellow lawyer-journalists Elias Espinosa and Rose Versoza during the public hearing on the proposal last year.

“You talk of respecting the ‘sentiments from the media’ on the issue. That’s less relevant, I’m sure, than respecting the Constitution and the Supreme Court decision that interprets it. Just follow the basic principle laid down by the Constitution and high tribunal campaign against obscenity of reading materials,” Seares said in his letter to Mercado.

City Councilor Leah Japson was the one who sponsored the measure amending CO 1408, which created the CAIB and gave it its mandate.

Japson proposed to amend Sections 3, 6, 7, 8, and 12 of the ordinance to give more teeth to the city government’s campaign against indecency.

She said there is “a need to supplement and strengthen the present drive against anti-indecencies to cope with the changing times and (the) proliferation of the aforementioned activities, including the selling of sex toys and the likes, steady increase of SPA and massage parlors offering ‘Lingam’ and ‘Yoni’ massage and other activities.”

The proposed amendments seek to stop all matters relating to whatever forms of indecency, lewdness, obscenity, and pornography in the city.

“The board or its duly authorized members or deputies shall conduct frequent inspections and investigations on all bookstores, magazine shops/stands, newspaper stands, adult stores, theatres (including mini theaters), nightclubs, beerhouses, KTV/cocktail lounges, Spa and Massage Parlors or massage clinics, sauna bath parlors and other similar establishments,” read the proposed amending ordinance.

The purpose, it said, is “to determine whether or not indecent, lewd, or obscene shows, dances, spa and massage services and other performances, whether live or in films or video tapes are being exhibited, shown, or performed in these establishments, or are being provided within the confines of the private rooms or cubicles of such Spa and Massage parlors.”

The amendments, though, received its share of criticism from the media, especially on the provision stating that “owners, managers or promoters shall give full and unconditional access to the board or its duly authorized members or deputies in order to conduct inspection of their establishments at any time of the day or night even without any prior court order.”  (FREEMAN)