Scribd Logo
Upload

Welcome to Scribd!

  • 38 views

    Soriano vs. La Guardia G.R. NO. 164785. APRIL 29, 2009 Facts

    Uploaded by

    Rogelio Juan
    Soriano made obscene remarks against the Iglesia ni Cristo church during his televised religious program "Ang Dating Daan" which airs on UNTV 37. Several Iglesia ni Cristo members filed complaints against Soriano before the MTRCB for his comments. The MTRCB suspended Soriano from appearing on "Ang Dating Daan" for three months. The Supreme Court upheld the suspension, finding that Soriano's statements could be considered obscene, especially to child viewers given the TV medium and time of broadcast. The Court also found that the suspension was a valid administrative sanction and not a violation of Soriano's free speech rights.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd

    Soriano vs. La Guardia G.R. NO. 164785. APRIL 29, 2009 Facts

    Uploaded by

    Rogelio Juan
    38 views1 page
    Soriano made obscene remarks against the Iglesia ni Cristo church during his televised religious program "Ang Dating Daan" which airs on UNTV 37. Several Iglesia ni Cristo members filed complaints against Soriano before the MTRCB for his comments. The MTRCB suspended Soriano from appearing on "Ang Dating Daan" for three months. The Supreme Court upheld the suspension, finding that Soriano's statements could be considered obscene, especially to child viewers given the TV medium and time of broadcast. The Court also found that the suspension was a valid administrative sanction and not a violation of Soriano's free speech rights.

    Original Title

    Soriano V. Laguardia.odt

    Copyright

    © © All Rights Reserved

    Available Formats

    ODT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Soriano made obscene remarks against the Iglesia ni Cristo church during his televised religious program "Ang Dating Daan" which airs on UNTV 37. Several Iglesia ni Cristo members filed complaints against Soriano before the MTRCB for his comments. The MTRCB suspended Soriano from appearing on "Ang Dating Daan" for three months. The Supreme Court upheld the suspension, finding that Soriano's statements could be considered obscene, especially to child viewers given the TV medium and time of broadcast. The Court also found that the suspension was a valid administrative sanction and not a violation of Soriano's free speech rights.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    38 views1 page

    Soriano vs. La Guardia G.R. NO. 164785. APRIL 29, 2009 Facts

    Uploaded by

    Rogelio Juan
    Soriano made obscene remarks against the Iglesia ni Cristo church during his televised religious program "Ang Dating Daan" which airs on UNTV 37. Several Iglesia ni Cristo members filed complaints against Soriano before the MTRCB for his comments. The MTRCB suspended Soriano from appearing on "Ang Dating Daan" for three months. The Supreme Court upheld the suspension, finding that Soriano's statements could be considered obscene, especially to child viewers given the TV medium and time of broadcast. The Court also found that the suspension was a valid administrative sanction and not a violation of Soriano's free speech rights.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 1

    SORIANO VS.

    LA GUARDIA
    G.R. NO. 164785. APRIL 29, 2009

    Facts:

    On August 10, 2004, at around 10:00 p.m., petitioner, as host of the program Ang Dating Daan, aired
    on UNTV 37, made obscene remarks against INC. Two days after, before the MTRCB, separate but
    almost identical affidavit-complaints were lodged by Jessie L. Galapon and seven other private
    respondents, all members of the Iglesia ni Cristo (INC), against petitioner in connection with the above
    broadcast. Respondent Michael M. Sandoval, who felt directly alluded to in petitioner‘s remark, was
    then a minister of INC and a regular host of the TV program Ang Tamang Daan.

    Issue:

    Whether or not Soriano‘s statements during the televised ―Ang Dating Daan part of the religious
    discourse and within the protection of Section 5, Art.III.

    Ruling:
    No. Under the circumstances obtaining in this case, therefore, and considering the adverse effect of
    petitioner‘s utterances on the viewers‘ fundamental rights as well as petitioner‘s clear violation of his
    duty as a public trustee, the MTRCB properly suspended him from appearing in Ang Dating Daan for
    three months. Furthermore, it cannot be properly asserted that petitioner‘s suspension was an undue
    curtailment of his right to free speech either as a prior restraint or as a subsequent punishment. Aside
    from the reasons given above (re the paramount of viewers rights, the public trusteeship character of a
    broadcaster‘s role and the power of the State to regulate broadcast media), a requirement that indecent
    language be avoided has its primary effect on the form, rather than the content, of serious
    communication. There are few, if any, thoughts that cannot be expressed by the use of less offensive
    language. The SC ruled that ―Soriano‘s statement can be treated as obscene, at least with respect to
    the average child, and thus his utterances cannot be considered as protected speech. Citing decisions
    from the US Supreme Court, the High Court said that the analysis should be ―context based and found
    the utterances to be obscene after considering the use of television broadcasting as a medium, the time
    of the show, and the ―G rating of the show, which are all factors that made the utterances susceptible
    to children viewers. The Court emphasized on how the uttered words could be easily understood by a
    child literally rather than in the context that they were used. The SC also said ―that the suspension is
    not a prior restraint, but rather a ―form of permissible administrative sanction or subsequent
    punishment. In affirming the power of the MTRCB to issue an order of suspension, the majority said
    that ―it is a sanction that the MTRCB may validly impose under its charter without running afoul of
    the free speech clause. visit fellester.blogspot.com The Court said that the suspension ―is not a prior
    restraint on the right of petitioner to continue with the broadcast of Ang Dating Daan as a permit was
    already issued to him by MTRCB, rather, it was a sanction for ―the indecent contents of his utterances
    in a ―G rated TV program. (Soriano v. Laguardia; GR No. 165636, April 29, 2009)

    You might also like