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Yap ordered to take down teaser; allowed to produce, release Pepsi Paloma film


Yap ordered to take down teaser; allowed to produce, release Pepsi Paloma film

A Muntinlupa court has ordered Director Darryl Yap to take down the teaser for his film, “The Rapists of Pepsi Paloma,” which mentioned actor Vic Sotto’s name.

“[F]or having misused the collected data/information by presenting a conversation between two deceased individuals, which cannot be verified as having actually occurred,” the Muntinlupa Regional Trial Court (RTC) Branch 205 said in the 20-page order as it partially granted the petition for writ of habeas data filed by Sotto.

It said it cannot disclose Its the full reasoning for ordering the take down of the teaser as this might diminish the excitement of moviegoers and risk revealing key aspects of the film.

The court, however, also allowed Yap to proceed with the production and eventual release of his film.

“The Court cannot suppress the entire film, as it is based on the life story of Pepsi Paloma where the respondent secured the consent of the mother and brother, derived from public records like newspaper clippings, footage and is protected by artistic freedom and public interest,” it said.

 

Meanwhile, Atty. Raymond Fortun, Yap’s lawyer, noted the court did not order the deletion or destruction of erroneous data.  

“Other than to take down the teaser, the Decision does not enjoin any act, or deletion, destruction or rectification of erroneous data or information,” he said in a message to GMA News Online.

In his petition for a writ, Sotto asked the court to compel Yap to remove and take down all promotional materials, teaser video, and other content relative to the film, which depict Sotto’s personal information.  

He also asked the court to prohibit Yap from further disseminating any materials relative to the film on all platforms.

For their part, Sotto’s camp welcomed the court’s decision and expressed hope that the teaser would be immediately taken down.

“Sana ay alisin na agad ang teaser video na ginamit ang pangalan ni Mr. Vic Sotto at tanggalin na din ang anumang promo materials na may pangalan at iba pang sensitive personal information ni Mr. Vic Sotto,” Atty. Enrique Dela Cruz, Sotto’s lawyer, said.

(We hope that the teaser video which used Mr. Vic Sotto’s name would be immediately removed as well as all promotional materials that contain his name and other sensitive personal information.)

Dela Cruz said they will focus on the 19 counts of cyberlibel that they also filed against Yap.

He added that they have no plans to appeal the decision as of posting time.

Meanwhile, Fortun said they also asked the RTC for the continuance of the gag order as the decision is not yet final. — RSJ, GMA Integrated News