Rose Versoza and Atty. Elly Espinosa of the Cebu Citizens Press Council were two of the three CCPC speakers during the public hearing discussing the propose amendments of CAIB ordinance. (CDN PHOTO/JUNJIE MENDOZA)
Who determines what is obscene and what is not?
Lawyers from the private sector said only a court can determine this, as they challenged proposed amendments in the Cebu City Anti-Indecency Ordinance during yesterday’s public hearing.
The proposed changes seek to empower the Cebu City’s Anti-Indecency Board (CAIB) to make confiscations of magazines, newspapers and other reading material which the board considers obscene without getting a court order.
The vague definition of obscenity in the city ordinance and the broad powers it seeks to acquire were the target of legal critics.
“That is now the problem because the ordinance did not define what’s obscene, sensual or lewd,” said lawyer and TV anchor Rose Versoza of the Cebu Media Legal Aid (CEMLA).
Lawyer Mark Avila of the Colon Heritage Realty Corp. questioned plans to give CAIB the power to confiscate without a court order.
“This is an encompassing authority which may be subject to abuse,” he said.
Versoza and lawyer Elias Espinosa of CEMLA, Avila and CAIB chairperson Lucelle Mercado attended the public hearing, along with officers of the Cebu Citizens Press Council (CCPC).
Councilor Leah Japson, sponsor of the proposed amendments, said all points raised will be carefully considered.
Meanwhile, Mercado who is also the City Administrator of the city government said CAIB has only confiscated tabloids or other materials which display body parts.
She said CAIB has to act quickly because the issues may all be sold out if they wait to secure a court order.
She said confiscation does not mean that they are after the publication itself, but only the sections that display obscenity.
“Cebu media and the CCPC strongly support the effort of CAIB to go against indecency but there are provisions of the ordinance that we think are unconstitutional,” said Espinosa.
CCPC and CEMLA oppose provisions that will declare as unlawful the sale of reading materials which CAIB perceives as obscene, and allows CAIB “full access” to book stores or newsstands without a court order.
“This is a judicial matter and not something that should be left to the discretion of the police and CAIB,” said Versoza.
Councilor Mary Ann delos Santos said it was “scary” to give so much power to CAIB, and that seizure without a court order was tantamount to unlawful confiscation of property.
“Printed materials cannot be confiscated outright because these are not contraband,” delos Santos said.
Councilor Gerardo Carillo asked Versoza if CCPC was preapred to work with CAIB in campaigning against obscenity.
“If they seek our guidance, why not?” replied Versoza.
She said the CCPC could also be a venue for complaints against publications and writers. Another option is to file a complaint with the proseutor’s office.
“If there is a complaint (against the media outlet), can you penalize the writer?” Carillo asked.
At this point, Pachico Seares, executive director of the CCPC and editor of Sun.Star Cebu, said “this seems to be a diversion of the issue at hand.”
Seares said he would invite Carillo to the next CCPC quarterly meeting in December to be briefed on the council’s functions.
Councilor Alvin Dizon called for more dialogs with stakeholders before the council has a final deliberation on the amendatory ordinance.