The legal team representing Vice Ganda and Ion Perez has moved to have the cybercrime case brought against them by the Kapisanan ng Social Media Broadcasters ng Pilipinas, Inc. (KSMBPI) dismissed.
This move comes after the pair submitted their counter-affidavit during the initial hearing of the criminal case held at the Quezon City Prosecutor’s Office. KSMBPI had lodged charges against the celebrity couple, accusing them of violating Article 201 of the Revised Penal Code, specifically Section 6 of Article 201, and Republic Act No. 10175, known as the Cybercrime Prevention Act of 2012.
The case is rooted in the well-known “cake licking” incident that occurred during a segment of ‘It’s Showtime.’ This incident also led to a suspension of the popular noontime show imposed by the Movie and Television Review and Classification Board (MTRCB).
In the meantime, ABS-CBN has expressed its belief that the decision made by the MTRCB to suspend ‘It’s Showtime’ for 12 days lacks both factual and legal grounds.
According to a motion for reconsideration document obtained by LionhearTV, ABS-CBN scrutinized the agency’s decision, asserting that it lacked a valid legal basis.
The MTRCB’s decision claimed that the act of the hosts licking icing using their fingers was suggestive and confusing to the audience, especially children in the studio and at home, potentially causing harm to them.
However, ABS-CBN argued that the MTRCB failed to provide any legal basis for its decision, particularly regarding how and why the program violated the Parental Guidance standards as stated in PD 1986.
@lionheartv Paano tinake ni #ViceGanda ang tanong sa kanya tungkol sa kasong isinampa ng Kapisanan ng Social Media Broadcasters ng Pilipinas Inc. (KSMBPI)? #EntertainmentNewsPH #TiktokTainmentPH #ExclusivelyOnTiktok #LionhearTV #RAWRNation
The network contended that the MTRCB’s decision lacked factual and legal support in terms of whether the conduct in question involved serious issues, constituted swear words or strong sexual expletives, included nudity, depicted sexual activity, presented horror scenes, or depicted prohibited drugs.
Following the charges against Vice and Ion, KSMBPI proceeded to file a case against Toni Fowler, and later, various Vivamax stars.