Darryl Yap ordered by court to take down 'Pepsi Paloma' film teaser
MANILA, Philippines — Controversial director Darryl Yap has been ordered by a Muntinlupa court to remove the teaser for his film, "The Rapists of Pepsi Paloma", though the movie's eventual release is still permitted.
In a decision promulgated on January 24 and released to the media on January 27, the court ruled partially in favor of actor and host Vic Sotto, who petitioned for the removal of the video and related materials.
“Respondent Darryl Ray Spyke B. Yap and any person or entity acting on his behalf, including the production team of Vin Centiments, are ORDERED to delete, take down and remove the 26-second teaser video from online platforms, social media, or any other medium for having misused the collected data/information by presenting a conversation between two deceased individuals, which cannot be verified as having actually occurred,” Judge Liezel Aquiatan said in the decision.
In the 20-page decision, Sotto accused Yap of using his personal information to spread false claims, particularly regarding the rape allegations against him. The actor also claimed he was not informed that his name would be used in the movie.
Yap argued that all content in the film was already part of the public record and that he had secured permission from Paloma's family to tell her story.
However, Aquiatan reasoned that the teaser's particular scene depicted a private conversation between two deceased individuals, making it unverifiable.
“The teaser unfairly constitutes misuse of personal information as the name of the actor was used in a dialogue between two already dead individuals. It cannot be said that the information portrayed in the film is derived from publicly accessible sources (e.g., newspaper articles, court records, etc.) as it was a conversation between two persons who have long been dead, hence, unverifiable if this confrontation indeed took place,” the judge said.
Aquiatan explained that the way the conversation was presented and widely circulated could lead even reasonable people to believe that Sotto was a rapist.
However, he stated that the production and release of the movie could still proceed.
“The Court cannot suppress the entire film, as it is based on the life story of Pepsi Paloma where the respondent secured the consent of the mother and brother, derived from public records like newspaper clippings, footages and is protected by artistic freedom and public interest,” the judge said.
The court also refrained from ruling on the issues of malice and bad motive, as Sotto has filed a separate criminal complaint against Yap, which is currently under investigation by the Office of the City Prosecutor.
In an Instagram post, Sotto’s wife, Pauleen Luna-Sotto, expressed gratitude for the decision.
“The results are in and the outcome is in our favor, confirming that the material released was malicious in nature. We won this case!” Luna-Sotto said.
“Please, let us all be mindful and responsible about posting/sharing malicious content about people,” she added.
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