Pornographic movies violate the Penal Code - ROSES AND THORNS by Alejandro R. Roces

The controversy about the banning of the movie Live Show is not about "freedom of expression" or as the producers of obscene films would like to say it, "artistic freedom." It is a question of law. The Revised Penal Code clearly says:

"Article 200. Grave scandal. – The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct and not expressly falling within any other article of this code.

"Article 201. Immoral doctrines, obscene publications and exhibitions, and indecent shows. – The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine shall be imposed upon.

"1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals.

"2. a. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same;

"2. b. Those who, in theaters, fairs, cinemas or any other place, exhibit indecent or immoral plays, scenes, acts or shows it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows whether live or film, which are prescribed by virtue hereof, shall include those which: (1) glorify criminals or condone crime; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good custom; established policies, lawful orders, and decrees and edicts.

"3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals."

When President Marcos created what is now the Movie Television Review and Classification Board in 1986, he issued the guidelines on film production and exhibition. Among the things the Board disapproved were:

"Erotic and sex exploitation subjects and themes. Depiction of sex catering to the baser instincts of film goers.

"Incest and adultery. Portrayal of abnormal or illegal sex relations.

"Scenes portraying rape, seduction, the sex act and lustful kissing, embraces, postures and gestures.

"Scenes exposing or showing the reproductive organs, the pubic hair or the naked anatomy, whether male or female."

In June 25, 1993, the MTRCB even added this provision in its Guideline for Movie and Television trailers:

"Obscene language, cuss words and double meaning words shall not be allowed. Cuss words like "shit," "fuck," "leche," "putang-ina," "ulol," "gago," "tarantado," "sirang-ulo" "walang hiya," and the like do not have a place in movie and television trailers which are classified General Patronage – fit for all ages."

Warren Goldberg defined a movie as "a medium for presenting pornography as art." That is exactly what the controversy about Live Show is all about. Local movie directors of obscene movies want to depict themselves as the avant-garde artist of our times. Actually very, very few Filipino movies could be classified as art. That is why it is in deep trouble. Local movies were produced for the so-called bakya crowd. Now, even the poor are more educated and they prefer foreign movies. Pornographic movies cannot help the industry. The challenge before them is to produce movies that are entertaining and artistic. They will not need an "artistic license" to produce such films. What they will need is talent.