But if by any chance they should recoil, and thus make answer: "We are ready at all times to submit to the Law and the People's will, and to bow to their demands, but we cannot and must not be asked to place our calling, our duty, and our honour beneath the irresponsible rule of an arbitrary autocrat, however sympathetic with the generality he may chance to be!" Then, we would ask: "Sirs, did you ever hear of that great saying: 'Do unto others as ye would they should do unto you!'" For it is but fair presumption that the Dramatists, whom our Legislators have placed in bondage to a despot, are, no less than those Legislators, proud of their calling, conscious of their duty, and jealous of their honour.
Censorship is the suppression of speech or deletion of communicative material which may be considered objectionable, harmful or sensitive, as determined by a censor. The rationale for censorship is different for various types of data censored. Censorship is the act or practice of removing material from things we encounter every day on the grounds that it is obscene, vulgar, and/or highly objectionable. Whether it is on TV, in music, books, or on the Internet, censorship is an inescapable part of human society. Censorship can be broken into different categories:
* Moral censorship is the means by which any material that contains what the censor deems to be of questionable morality is removed. The censoring body disapproves of what it deems to be the values behind the material and limits access to it. Pornography, for example, is often censored under this rationale. In another example, graphic violence resulted in the censorship of the "culturally, historically, or aesthetically significant" movie entitled "Scarface" originally completed in 1932.
* Military censorship is the process of keeping military intelligence and tactics confidential and away from the enemy. This is used to counter espionage, which is the process of gleaning military information. Additionally, military censorship may involve a restriction on information or media coverage that can be released to the public. This is also considered acceptable by even democratic governments as necessary for the preservation of national security.
* Political censorship occurs when governments hold back secret information from their citizens. The logic is to prevent the free expression needed to rebel. Democracies do not officially approve of political censorship but often endorse it privately.[citation needed] Any dissent against the government is thought to be a “weakness” for the enemy to exploit.[citation needed] Campaign tactics are also often kept secret: see the Watergate scandal.
* Religious censorship is the means by which any material objectionable to a certain faith is removed. This often involves a dominant religion forcing limitations on less prevalent ones. Alternatively, one religion may shun the works of another when they believe the content is not appropriate for their faith. This type of censorship is common in several Middle Eastern countries such as Saudi Arabia and Iran as well in many U.S. Christian communities, especially Evangelicals.
* Corporate censorship is the process by which editors in corporate media outlets intervene to halt the publishing of information that portrays their business or business partners in a negative light. Privately owned corporations in the business of reporting the news also sometimes refuse to distribute information due to the potential loss of advertiser revenue or shareholder value which adverse publicity may bring. See media bias.
What is censorship?
(Excerpted from Marjorie Heins' Sex, Sin and Blasphemy: A Guide to America's Censorship Wars [New Press, 1993], pp. 3-4.)
According to Webster's Dictionary, to "censor" means "to examine in order to suppress or delete anything considered objectionable." The word "censor" originated in ancient Rome, where the government appointed officials to take the census and to supervise public morals. Censorship happens whenever some people succeed in imposing their political or moral values on others by suppressing words, images, or ideas that they find offensive.
A censor, traditionally, is an official whose job it is to examine literature, movies, or other forms of creative expression and to remove or ban anything she considers unsuitable. In this definition, censorship is something the government does. But censorship can also be accomplished very effectively by private groups.
Not all forms of censorship are illegal. When private individuals agitate to eliminate TV programs they dislike, or threaten to boycott the companies that support those programs with advertising dollars, they are certainly trying to censor artistic expression and interfere with the free speech of others. But their actions are perfectly legal; in fact, their protests are protected by the First Amendment right to freedom of speech.
Not even all government censorship is unlawful. For example, we still have laws against "obscenity" in art and entertainment. These laws allow the government to punish people for producing or disseminating material about sex, if a judge or jury thinks the material is sufficiently offensive and lacks any "serious value."
What is the basis for free expression in the United States?
The First Amendment (Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances) protects against government restrictions on or interference with the content of speech. The First Amendment applies to Government at the national, state, and local level.
Why should I care about censorship?
Understanding of First Amendment freedoms is fragile and imperiled by increasingly effective and sophisticated attacks. In numerous communities, people are determined to impose their own narrow views on everyone else, and censor what they do not approve.
The First Amendment exists to protect speech and activities that are unpopular—if only those ideas which were popular were protected, it wouldn't be needed. Limiting free speech is unAmerican—without it, all our rights and liberties quickly disintegrate.
Censorship is an assault on the rights of all of us. We must continue to fight for the freedom to read, to see, to know, and to think for ourselves.
TIME TO ABOLISH THE MTRCB
by Atty Victor Avecilla
THERE is a need not just to overhaul the MTRCB but to abolish it.
There are sufficient grounds under the law and under the constitution in both Philippine and American jurisprudence to warrant the abolition of the MTRCB. If Congress does not abolish the Board, then I think it’s high time the Supreme Court be asked to declare the Charter of the MTRCB, Presidential Decree 1986, unconstitutional for violations of many provisions of the fundamental law which is the 1987 Constitution.
While I am not a filmmaker, I’d like to think that I understand what filmmaking is all about. Film is not just a collection of certain frames any of which can be deleted at random. Deleting one or several scenes of a motion picture is no different from editing out a paragraph or stanza from a literary piece or article. It’s no different from cutting off any part of a sculpture. It’s also no different from trimming the edges of a painting. It affects the integrity of the piece.
Cinema or the film medium is art. No less than the United States Supreme Court and the Philippine Supreme Court have sustained the view that not only is it an artistic medium, it is a medium that enjoys constitutional protection in much the same way that our broadcast media enjoy constitutional protection under freedom of the press, in much the same way that all forms of expression including buildings and wearing black handbags are deemed acts of freedom of expression.
We can trace film censorship in the Philippines to the pre-war period when we were still under the American colonial rule. At that time, cinema was a relatively new medium. Its influence was little understood. But the American colonial masters recognized a potential danger in cinema.
US jurisprudence on film censorship
In the 1920s, the US Congress enacted a law on censorship of the movies. Movie producers challenged the validity of that American law on the ground that the law was a violation of the first amendment of the US Constitution which states that the US Congress shall be prohibited from enacting any law abridging the freedom of speech and the freedom of expression. But the US Supreme Court ruled that cinema maybe subjected to censorship.
After the war in the 1950s, a movie producer decided to challenge before the US Supreme Court the constitutionality of film censorship in the United States. But the victory of film industry in the United States did not come immediately. In the first instance, the US Supreme Court acknowledged that the past doctrine was already passé because we already understand the movies. It ruled that cinema, like newspapers, periodicals and other media of communications, is entitled to constitutional protection.
All through the 1960s and the 1970s, there was a long line of cases where the US Supreme Court categorically upheld the right of producers and artists to express themselves through motion pictures. The established jurisprudence in the United States made clear that while the term cinema is not mentioned in the US Constitution, the US Supreme Court ruled that had the movies been around when Thomas Jefferson and company were contemplating the Constitution of United States, they would have also included the movies under the term of Press. So the United States Supreme Court came up with an expanded interpretation of what constitutes Press, and this included radio, television, cinema and even the videogram and such other media of communication which may not have been invented yet.
A landmark case that clarified once and for all what would constitute valid film censorship at least in the United States is the Freedman vs. Maryland case. The
Freedman ruling is very simple. For film censorship laws to be valid in the United States, these laws must comply with three conditions which are also considered the three constitutional safeguards:
1. A law calling for censorship must place the burden of proving that the motion picture is obscene on the part of the censors and not on the part of the artist or the producer. This means that if the state believes that the motion picture is obscene and therefore must be censored, then it must prove, to the satisfaction of reasonable individuals, that the particular motion picture is obscene. You’re the state, you’re the censor, you claim that the motion picture is obscene, you prove it.
2. The law must also provide that if the censor believes that a particular motion picture is obscene, then he must go to court and apply for an injunction or a court order to prohibit the public exhibition of the motion picture. Now, this is very important because in a system of democracy which the Philippines and the United States like to style themselves to be, there’s a third branch of government to check the abuses of either the legislature or the executive - and that is the judiciary. Hence, in the second Freedman procedural safeguard, the censor has to go to court and convince the judge that he’s entitled to an injunction.
3. The third safeguard is that for the law to be valid, there must be a provision stating that the decision of the censor maybe reviewed by the courts, and the courts will have the final say as to whether or not a particular motion picture should be prohibited. So in the United States, anybody and any state that may want to censor a film would have to satisfy the three Freedman procedural safeguards. This is practically ancient jurisprudence that dates back to the 1970’s and remains in force today. Sad to say, the three Freedman safeguards are absent in the charter of the MTRCB.
Film censorship in the Philippines
Anyway, what happened in the Philippines? During the American-colonial period, the jurisprudence of the United States naturally applied to the Philippines by reason of our colonial relations. The problem, however, is that after the war the Philippine government sought to improve on the film censorship laws instead of abolishing these. It created the Board of Censors for Motion Pictures (BCMP). When television became a popular medium, it came under the jurisdiction of BCMP.
Based on the law, BCMP had two very important powers. The first is its censorial power which is the power to order the deletion of certain scenes from a movie and outright banning of the film. The second is the power to classify motion pictures. Classification may either be for adults only or for general patronage.
After Martial Law was proclaimed in 1972, President Marcos abolished the BCMP and replaced it with the so-called Interim Board of Censors for Motion Pictures. With the interim nature of the board, the members practically abandoned their duties. And so there was the proliferation of pornographic films called bomba films.
In the 1980s, President Marcos established the Board of Review for Motion Pictures and Television (BRMPT). Noticeably missing was the word censorship. This did not mean, however, that it no longer censored movies. On the contrary, the censorial power remained in the BRMPT Charter. That Board was replaced by the existing board, the Movie and Television Review and Classification Board (MTRCB).
Kapit sa Patalim case
Through the years there had never been any serious attempt in the Philippines to challenge the constitutionality of film censorship. But in 1985, the Department of Justice and the Office of the Solicitor General of the Marcos regime convinced Malacañang to ban the Lino Brocka film, “Kapit sa Patalim” because its depiction of social ills allegedly put the country in a bad light. Upon orders of Malacañang, the BRMPT disallowed public exhibition of “Kapit sa Patalim.”
Mr. Gonzales, the Malayan Picture producer of the film decided to challenge all the way to the Supreme Court the BRMPT decision in that leading and clumsy case of Gonzales versus Maria Kalaw Katigbak (BRMPT chair). It was a clumsy case because Supreme Court decision on the case only confused rather than resolved the issue.
Mr. Gonzales’ argument was very simple: “Kapit sa Patalim” is a creation of art. It is not something the government should ban. If the government publicly professes that, notwithstanding the regime of Martial Law, there’s a freedom of expression in the country, the government therefore has no business prohibiting the public exhibition of the film. The Solicitor General opposed the petition, arguing that the state had the power to prohibit certain activities which, in the opinion of the executive department, violate national security.
The Supreme Court found itself in a tight situation because this was still the martial law period. Its ruling was nothing but disturbing. According to the Supreme Court: “If the Censor’s body does not want to be accused of exercising unconstitutional power, then its powers are limited to the classification of films.” That is very polite language used on an intimidating leadership. But the message came through. It was a polite way of telling the board: if you decide to censor certain films you are treading on unconstitutional grounds.
But the Supreme Court was not able to muster the eight votes necessary to come up with doctrinal decisions. A doctrinal decision is a decision that binds future cases. Lacking the necessary eight votes, the petition was dismissed. Eventually, realizing that public opinion against the government was gaining ground, the government allowed public exhibition of the film “Kapit sa Patalim.”
Unconstitutionality of MTRCB
Sad to say, however, the confusing decision remains in our statute books. Which brings us to the question: is it now possible to ask the Supreme Court to declare the Charter of the MTRCB unconstitutional?
The Charter of the MTRCB, Presidential Decree of 1986, is a verbatim reproduction of the Charter of the BRMPT. The same unconstitutional features remain. One might ask why the PD still exists when Marcos is already a personality of the past. Sad to say, the transitory provisions of the 1987 Constitution state that all Presidential Decrees which are not repealed by Congress and are not inconsistent with the Constitution remain in force and effect. Up to today, Congress has not repealed, much less amended, PD 1986.
Since the Supreme Court during the martial law period sustained the power of President Marcos to enact legislation, the PDs which have not been repealed enjoy the same status as the Republic Acts.
What features in the MTRCB Charter are unconstitutional? First and foremost, the Charter violates all three Freedman procedural safeguards. On that score, we can already ask the Supreme Court to declare it unconstitutional.
The second has to do with the powers and actions of the board. There’s a doctrine in Constitutional Law which says that if the government prohibits certain acts and it does not define those acts clearly, then that law is unconstitutional under the so called Void for Vagueness Doctrine. The MTRCB Charter enumerates the grounds on which the Board may censor certain films. But included in the enumeration is the disturbing proviso “such as but not limited to.” With this proviso, you can actually have a ridiculous situation where, hindi lang siguro magustuhan ng censor and make-up ng producer o director, pwede nang i-ban ang pelikula. You thus have a body of censors more powerful than Congress. Congress always has to define what it wants to prohibit, but here we have a Board that can prohibit anything for whatever reason without being held accountable.
Another unconstitutional feature of the Charter is that its standard procedure is violative of administrative due process. Administrative due process requires that the standards for the exercise of power must be clearly defined. For example, when a film is judged by the board as obscene, we must know what constitutes obscenity. The standard for obscenity must be defined. Yang mga nakahubad diyan, malaswa na ba agad yan? If such were the case, so many of our statues in Manila and even here in UP would be banned.
The definition provided in the Charter is insufficient, because anything can be obscene as far as the definition of pornography is concerned. Take the clause, “those which serve no other purpose but to satisfy the market for violence or pornography” may be banned. What is disturbing here is that when the Board determines if a film is pornographic, they look at intent, not content. Intent is used to judge content. Isn’t this silly? But it’s there. It’s the law.
The Charter adopts a standard which no less than our Supreme Court has abandoned as early as 1947. Before 1947, issues involving freedom of expression were resolved by the Supreme Court by applying the so-called Dangerous Tendency Test. Under this, citizens may be prevented from expressing themselves when what they say will be dangerous to the state. But how can the court determine when an exercise of the freedom of speech is proper or improper? Fortunately, civilized men and women prevailed after the war and the Dangerous Tendency Test was abandoned by no less than the Supreme Court when it categorically declared in the case of Premicias and Formoso that the state has no business censoring any activity of any individual in the country unless such speech, such movie, such television program amounts to a clear and present danger of a substantive evil which the state may reasonably protect itself against.
In simple terms, what does this mean? If the state wants to prohibit you from delivering a speech or from putting up a play, or if the state wants you to shut up, then the state must show you that your speech/play/remark will be of such clear and present danger that the security of the state will be undermined. An action can be banned only if it is shown that it can cause death or injury to the public or it may be a threat to public health. For example, no one is allowed to shout “Sunog” in a crowded theater because this may result in a stampede and thus cause danger to life and limb.
It’s high time that the industry gets together to challenge the serious threat of the Charter of the MTRCB to our fundamental freedom, the freedom to express ourselves. The founders of the American Constitution recognized that the freedom of speech is even more important than due process of law. No wonder they made it the first amendment to the United States Constitution: that no law shall be passed that violates freedom of speech, etc. On that score therefore, I would propose that concerned artists in the Philippines and all those who believe that now is the time to press for a change in the censorship law, should file a petition in the Supreme Court challenging the constitutionality of PD 1986, the MTRCB Charter.
My name is JP V. Carpio. I am a proud Ilonggo from Bacolod City, Negros Occidental. I am one of a group of filmmakers who were invited by the newly formed Independent Filmmakers' Cooperative to go to Guimaras last September and shoot short films in connection with what happened there, what is STILL happening there, and possibly, may continue there for a long time: the sad and harsh reality of the oil spill.
I don't want to take any or too much time and focus away from Guimaras, its environment, its people, the oil spill, and the screening of our films tonight, so I'll get right to the point.
My film that was broadcasted on network television last Sunday, October 8 was CENSORED. Specific and certain key portions of the film involving the residents of Guimaras expressing their HONEST feelings about the oil company and the shipping company, who as we all know are involved in this TRAGEDY, were CLEARLY EDITED OUT, OMITTED, CENSORED.
Some other filmmakers involved also suffered a similar TREATMENT.
PUTTING ASIDE MY VERY STRONG PERSONAL FEELINGS regarding this, what this censorship did was not only compromise the film, MORE IMPORTANTLY, it COMPROMISED the HONEST _expression of feelings of these RESIDENTS OF GUIMARAS regarding the matter which as we all know, but it can't be emphasized enough, affects them LITERALLY ON A LIFE-AND-DEATH LEVEL.
This censorship DESTROYS the very reasons all the films were made: TO HELP give Guimaras and its people more of a VOICE. To help show their perspectives, because MORE than anyone else, Guimaras – the island and its people – know FIRST HAND what's going on there and how IT AFFECTS THEM second-by-second.
This was sadly DENIED to them last Sunday, October 8, 2006.
If you want to know more of the details, I will be open for questions AFTER THE SCREENINGS, because what we are here for today is Guimaras, its environment, its people, the oil spill, and the screening of the films.
Thank you all for LISTENING.
Welcome to "Guimaras: Short films from the Oil Spill". All the films are UNCENSORED this evening.
Mayong gab-I sa inyo tanan liwat. Good evening to you all again.