The 1992 Ban in the Philippines: A Controversial Decision
The Philippine government banned the popular adult magazine Hustler in 1992, citing its "immoral" and "obscene" content that was deemed incompatible with the country's conservative culture. This decision sparked widespread criticism from advocates for freedom of expression and led to a series of legal battles between Flynt Publications Inc., which publishes Hustler, and the government.
Hustler's ban was based on Section 468 of the Revised Penal Code, which prohibits "the sale, distribution, display, exhibition, possession for commercial purposes, or importation into the Philippines of obscene publications." The law defines an obscene publication as one that "tends to excite lust or depravity, and is offensive to contemporary community standards, according to the preponderance of evidence."
Customs officials seized imported copies of Hustler at Manila International Airport in 1990, prompting Flynt Publications to file a court case challenging the legality of the ban. However, the Supreme Court ruled in favor of the government, upholding the constitutionality of the ban and stating that "freedom of speech must be balanced against other societal interests."
Flynt denounced the ruling, claiming it violated his First Amendment rights and compared the ban to censorship in totalitarian countries. He sought international support from free speech groups and continued publishing Hustler underground, becoming a symbol of resistance to censorship in a highly religious society.
Despite the ban, Hustler remained popular among Filipino readers, who obtained copies through underground channels or ordered them online. In some areas, bookstores faced stiff penalties for carrying the magazine, including fines and jail time. Despite this, the magazine continued to circulate widely and remains available today, albeit with some modifications to avoid prosecution.
The ban sparked heated debate within Philippine society, with some arguing that it was necessary to protect public morals while others criticized it as unnecessary censorship. The issue continues to divide opinion to this day, with some calling for a repeal of the ban while others argue for its retention.
In conclusion, the 1992 ban on Hustler highlights the tension between freedom of expression and cultural conservatism in the Philippines. While the decision was controversial and divisive, it helped raise awareness about the importance of free speech and continues to shape the country's attitudes towards sexuality and adult content.