Not all porn are illegal, says solon

RG Cruz, ABS-CBN News

Posted at Feb 09 2017 04:12 PM | Updated as of Jul 19 2017 11:41 AM

MANILA – A lawmaker on Thursday said the government cannot simply block websites – including those showing pornography.

"Pornography in general is not considered illegal under our laws. To block that will be to violate free expression. You have a right to all information including porn. Mayroong klase ng porn that are defined as illegal," said House Public Information Committee Chair and ACT-Teachers party-list Rep. Antonio Tinio.

Tinio made this statement after Health Secretary Paulyn Ubial was quoted in a news report as saying that she wants to block porn websites in a bid to curb the rise of HIV-AIDS cases in the country.

“Kailangan ipaalala sa mga opisyal na walang kapangyarihan ang gobyerno na mag-block ng website. Pwede lang yan kung may court order,” Tinio said.

Porn website PornHub was reported to have been blocked in the country recently. The government cited that the move was in accordance with the anti-child pornography law.

“Kahit balikan niyo ang existing laws, whether the Anti-Cybercrime Law, walang binibigay na kapangyarihan whether sa DOJ (Department of Justice), NTC (National Telecommunications Commission) or any other executive agency to order the blocking of websites. That will be censorship," Tinio said.

Tinio also cited jurisprudence that websites can only be blocked by a court order.

"So sa ating batas at nilinaw ito sa recent decision … kahit may prima facie evidence ka, kailangan pa rin pumunta ka muna sa korte at kumuha ka ng court order," he said.

Tinio said, the DOJ has been asked to show the legal basis for its recent decision to block certain pornographic websites for allegedly violating anti-child pornography laws.