CA upholds Willie Revillame show's suspension over 'gyrating boy' incident in 2011

The Court of Appeals has upheld the suspension of Willie Revillame's show on TV5 in connection with a six-year-old boy gyrating like a macho dancer on national TV in March 2011. 

 

In its decision, the appeals court's Second Division said the Movie and Television Regulatory and Classification Board (MTRCB) did not "act in capricious or whimsical manner" when it suspended on May 2, 2011 the show for violation of Section 3 (c) of Presidential Decree 1986, which created the MTRCB and empowered it to disapprove broadcast content found to be immoral or indecent.

 

The MTRCB order also placed the show on probation, or on a per-episode permit basis.

 

"It is our considered view that respondent MTRCB validly imposed the one-month suspension against petitioner," the CA said.

 

"What is clear is that respondent MTRCB validly and correctly performed its duty as enjoined by law in reviewing and assessing the subject content and thereafter, imposing the proper sanction when the content was found indecent, immoral or obscene based on the submitted factual and legal basis," it added.

After the suspension, the show was renamed "Will Time Big Time." The show ended its run last January and was replaced with a new one called "Wowowillie," still hosted hy Revillame.

No jurisdiction?

 

In his petition, the camp of Revillame, through Wilproductions Inc, said the MTRCB lacked "factual and legal basis" when it decided to suspend "Willing Willie." Revillame said the agency committed grave abuse of discretion amounting to lack or excess of jurisdiction.

 

Revillame also questioned MTRCB's jurisdiction to hear and decide on the case.

 

In its ruling however, the Court of Appeals said the MTRCB can "exercise authority" over Revillame's program "in order to ensure that its contents comply with the standards of contemporary Filipino cultural values and are not immoral, indecent, contrary to law." 

 

In its May 2012 decision, the MTRCB commended the network for its formal apology and for its voluntary suspension. It resisted calls by outraged critics for more severe punishment, including termination of the show. 

 

The MTRCB committee formed to probe the incident said it took several factors into consideration when they decided to impose the one-month suspension.

 

These included TV5’s “Self-regulatory measures; the two-week voluntary suspension from April 11; TV5’s formal apology on April 4 about the incident; the respondent's admission of responsibility."

 

The MTRCB also considered the fact that "Willing Willie" was a "first-time offender."

 

Among the self-regulatory measures imposed by the network were the adoption of stricter policies on the participation of minors on their shows; the appointment of an internal Ombudsman; a moratorium on child contestants; the creation of its "Rules on Ethics," and a close coordination with the Labor and Social Welfare departments, among others.

 

The MTRCB said TV5’s self-regulatory measures were “commendable," and encouraged other industry players to study the network’s measures and consider institutionalizing their respective guidelines to protect children.

 

In its decision, the MTRCB also recognized the “need for the overhaul of the TV classification system to respond to the exigencies and emerging trends."

 

"A quick fix does not solve anything permanent. The state of the Philippine television industry is a product of a long process of compromises, and quick-fixes. These quick-fixes may be likened to drugs that are so addicting that we end up being trapped in its unending cycles of perpetrating poverty, and uneven power relations," the MTRCB said.

 

The MTRCB said its decision on the "Willing Willie" controversy should serve as a reminder to networks, producers, directors, public figures, and celebrities that they are all "duty-bound to fight for a TV industry... that inspires, transforms, and moves us to live better lives." — RSJ, GMA News