The closing scene theme from FF5 been playing in my head for a week now. Idk if im just daydreaming or its a sign of greater things to come. Dear God, kayo na po bahala. ππ½π―βπ½
https://t.co/8ojDuduzQ3
THE LEGAL/POLITICAL ASPECTS OF THE CASE OF VIC SOTTO & DY
Madaming tao nagtatanong, pwede ba kasuhan ni Vic Sotto si DY eh teaser lang naman yung pinost at wala pa yung buong pelikula.
Ang sagot dyan, pwedeng pwede.
Libel only needs the concurrence of four (4) elements:
1. Defamation
2. Identification
3. Publication
4. Malice
1. The TROPP teaser/trailer contains a defamatory imputation - na may rapist. Defamation is any vice, crime, or defect so pasok na pasok ang allegation or accusation na rapist as a defamatory remark.
2. The TROPP teaser/trailer clearly identifies Vic Sotto - "rinape ka ba ni Vic Sotto?" was asked by a character in the trailer.
3. The TROPP teaser/trailer was published on DY's FB page and other social media pages.
4. Now, as to malice, so far Vic Sotto has said that he was not consulted by any of the actors or DY about the issue. Even DY has admitted na hindi nya ininform or cinonsult si Vic Sotto.
So Vic Sotto will claim may malice because DY disregarded the truth or falsity of the accusation - Vic Sotto will rely on the fact na may Affidavit of Desistance si Pepsi Paloma and that he wasn't convicted or charged in court of rape.
So at first glance, all elements of libel are present.
Sa last post ko sinabi ko I have to see the entire film to judge the motives of DY if may lusot sya. But that is as to the film if/when he publishes or airs it.
Sa teaser/trailer na issue, ang pwedeng lusot ni DY is he will argue that truthful ang teaser/trailer nya as to the fact na Vic Sotto was charged or accused of rape by Pepsi Paloma - pero umatras si Pepsi Paloma.
So he will say na the teaser/trailer only contains the part where Pepsi Paloma says she was raped to a confidante before the filing of the actual case.
In Tagalog, sasabihin ni DY na "eh totoo namang inaccuse ni Pepsi Paloma si Vic Sotto ng rape at yun lang yung nasa trailer."
Kaso may problema.
Hindi eto klaro sa teaser/trailer. Plus, hindi kilala si DY as a historically accurate filmmaker or a documentary filmmaker. DY is known as a polemic and political filmmaker.
So malabo magamit nya as a defense na truthful yung teaser/trailer nya because his film is about historical accuracy. As presented or published, his teaser/trailer will impress upon the minds of any normal person na rapist si Vic Sotto - which is libelous.
Now, as to the entire film being shown or aired, the case filed by Vic Sotto against DY allegedly included a motion or prayer for writ of habeas data which was granted (magulo yung balita if it was a separate case filed before today or included in the same case today) and the Judge ordered DY to desist from airing or publishing the entire film.
If that is true, I find it weird that Vic Sotto's lawyers used the Writ of Habeas Data. Oh well, mahirap naman talaga intindihin ang utak ni Atty. Buko Dela Cruz na tumatakbo sa ilalim ng BBM Party List (Bangon Bagong Minero pero ginagamit initials ni BBM for clout chasing eh hindi naman sya kilala as a diehard BBM loyalist) for Congress haha I could never fathom him.
Goodluck na lang sa lawyers ni Vic Sotto! Dahil malakas din ang magiging legal basis ni DY to air or publish his film - may concept ng prior restraint which is very very much frowned upon in the realm of freedom of expression.
It's a complicated case na hindi ko na hihimayin dahil hindi naman ako bayad ng parties.
All I can say is finally may pumatol at nahanap na katapat si DY after all the LenLen series and other insane propaganda he has published against public personalities.
Milyonaryo naman na daw si DY so sana may pambayad sya sa P35 Million lawsuit ni Vic Sotto. Duguan yan all the way up to the Supreme Court.
#CyberLibel
#PepsiPaloma
Is Trillanes pulling a power trip, ordering around a person (Congressman?) like he's got some power still? π Who does he think he is? He's got no position, no mandate, heβs just a rabid dog