Monday, August 18, 2008

The Anti-Obscenity and Pornography Act of 2008

The "Anti-Obscenity and Pornography Act of 2008" has been passed by the lower house and is now pending at the senate. And this law is a glaring violation of our human rights.

First, I clearly agree with the vision of its proponents.

* I am against unguided children being exposed to sexually explicit materials. Adult content and materials should be distributed properly to its intended audience and this must be strictly implemented by the government.

* I am clearly against the use of children in any pornographic materials and the exploitations of innocent adults in performing pornographic situations whether for private or public consumption that may be against their will.

* I am against the distribution of pornography peddled on the streets for everyone to see. (This is illegal, as these are all pirated copies)

But some provisions of this law clearly violate the Human Rights.

SEC. 4. Punishable Acts. - The following acts are declared illegal andpunishable:(a) Producing, printing, showing, exhibiting, importing, selling,advertising or distributing obscene or pornographic materials in allforms of mass media;

Obscene being defined as:

"Obscene" refers to anything that is indecent or offensive orcontrary to good customs or religious beliefs, principles or doctrines,or tends to corrupt or deprave the human mind, or is calculated toexcite impure thoughts or arouse prurient interest, or violates theproprieties of language and human behavior, regardless of the motive ofthe producer, printer, publisher, writer, importer,seller, distributoror exhibitor such as, but not limited to:(1) showing, depicting or describing sexual acts;(2) showing, depicting or describing human sexual organs or the femalebreasts;(3) showing, depicting or describing completely nude human bodies(4) describing erotic reactions, feelings or experiences on sexual actsor;(5) performing live sexual acts of whatever form.

The law clearly prohibits the expression of sex in ALL ITS FORMS. Hence, nude human bodies, human genitalia and EVEN erotic feelings and reactions should never be conveyed in a message whether through visual or through text.

“Impure thoughts”

What is an “impure thought”? Where does the concept of purity and impurity come from? Does this come from the religious belief that “sex is impure” and must only be shared between married people? Following this religious imposition, does that mean that all forms of sexual expression outside marriage is “impure”?

With this phrase, this law begins to sound like a “silly” phrase from a religious material.

Is it rightful for anyone to have the right to prohibit us in how we perceive visual and auditory messages?

And what is wrong with a material whose intention is to stimulate prurient interests from an educated and a responsible adult? Every adult person has the right to enjoy their sexuality, as long as they do not force anyone or entice a minor into consuming the sexual act with them. The enjoyment of one’s sexuality is a birthright of every person and that includes the consumption of “adult oriented” materials.

The basis of this provision obviously comes from religious principles that “sex is sacred” and “sex should only be consumed between two married people”.

This “lawful version” of a “biblical imposition” is questionable because no religious principle should ever be imposed on anyone.

This could be a clear violation of the Universal Declaration of Human Rights Article 18 -- Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Section 4 (c) Showing, exhibiting, selling, or distributing obscene orpornographic movies in whatever format, whether produced in thePhilippines or abroad, in any restaurant, club or other places open tothe public, including private buildings, places or houses where theviewers are not limited to them owners thereof and the members of his family;

Why should a group of adults with their full consent be prohibited from viewing OBSCENE and PORNOGRAPHIC materials even in their own private residence?

Section 4 (d)
Writing any obscene or pornographic article in any print orelectronic medium;

Why should anyone be prohibited to write anything about sexual expression, when Sex is an integral part of our physiological, psychological and sociological expression?

Is this not a clear violation of Article 19, Universal Declaration of Human Rights? “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

I wonder, why do we taxpayers pay for the services of these imbecile lawmakers?

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