Ion Perez and Vice Ganda. Image: screengrab from YouTube/It’s Showtime

A lawyer who identified himself as a representative of a group of “social media broadcasters” has filed a criminal case for violation of the cybercrime law against “It’s Showtime” hosts Vice Ganda and Ion Perez before the Quezon City Prosecutor’s Office.

A statement emailed to members of the media, Atty. Leo Olarte, president of the Kapisanan ng mga Social Media Broadcasters ng Pilipinas Inc., said the legal action was just the first of a series of cases that his group will file against violators of Republic Act 10175 or the Cybercrime Prevention Act of 2012, “both in the online and offline platforms.”

“This case is for violation of Article 201 of the Revised Penal Code, which provides for the prohibition of obscene exhibitions and indecency in relation to the cybercrime law. Our ultimate goal is for ABS-CBN to take down the particular video on its social media accounts, such as YouTube and other platforms,” he told INQUIRER.net in a phone interview.

Olarte said the “obscene act” in question was Vice Ganda’s supposed emulation of a “sexual activity” when he licked icing off his finger during the noontime show’s July 25, 2023 episode.

“Yung act ng pagsubo ng icing is an allusion to a sexual activity (The act of licking the icing is an allusion to a sexual activity),” he said. “We are concerned with the moral values these media personalities are presenting to their viewers and to the general public… We have to set an example to others who might be tempted to emulate such indecent shows.”

Article 201 of the RPC declares criminal the propagation of “immoral doctrines, obscene publications and exhibitions, and indecent shows.” It carries the penalty of prision mayor (jail term of six to 12 years), or a fine ranging from P6,000 to P12,000, or both such imprisonment and fine, depending on the ruling of the court.

Aside from violation of Republic Act 10175, KSMBPI is also preparing a second criminal case against Vice Ganda and Perez for violation of the child abuse law.

“What they did have a psychological impact on children, especially they were in front of children. It opens the mind of children who can easily be persuaded to emulate sexual activities. Ini-introduce sila. They (children) are gullible, madaling maimpluwensya. Musmos pa ang mga iyan, so hindi maganda,” he further said. (The children are being introduced to [sexual activities]. They are gullible, easily influenced. They are still young, so that doesn’t look good.)

A copy of the complaint filed against Vice Ganda and Perez, who are real-life partners was obtained by INQUIRER.net.

Copy of the complaint from KSMBPI.

The group likewise denied that the criminal case against the host-comedian and Perez were instigated by the MTRCB.

“Contrary to the loose talk maliciously circulating around the grapevine: The KSMBPI criminal case versus Vice Ganda and Ion Perez was never triggered nor influenced in any way by the MTRCB or its 12-day suspension of the ABS-CBN television show ‘It’s Showtime,’” he further said, referring to the ruling of the Movie and Television Review and Classification Board (MTRCB) last Sept. 4.

Olarte said KSMBPI is an independent private advocacy organization that is “subservient to none except God, country and the Filipino people.”

INQUIRER.net is awaiting the comment of Vice Ganda and Perez, or of the show in connection with the charge.

The MTRCB’s suspension order stemmed from alleged indecent acts committed by Vice Ganda and Perez in one episode, and the alleged use of sexual terms by one of the hosts in another.