To protect Filipino viewers, especially children, Senator Robin Padilla has filed a bill updating and strengthening the Movie and Television Review and Classification Board (MTRCB) against objectionable movies, publicity materials and other audio-visual media.
In Senate Bill 1940, Padilla noted the MTRCB currently cannot “address the changing demands of our time” due to the limited jurisdiction, organizational structure and operational competence provided by a law that is almost 40 years old.
The legislator’s bill mandates the MTRCB to go after, among others, materials that express “national, racial or religious hatred that constitutes incitement to discrimination, hostility, violence, or stereotyping or prejudice against the Filipino people, indigenous people or any ethnic group within or outside the country”.
“Almost 40 years since its creation, MTRCB proves to be bereft of the opportunity to address the changing demands of our time because of its limiting jurisdiction, organizational structure, and operational competence.”
“Almost 40 years since its creation, MTRCB proves to be bereft of the opportunity to address the changing demands of our time because of its limiting jurisdiction, organizational structure, and operational competence. It also lacks the enabling powers to cover potent types of visual media that have proliferated in many forms, including online streaming platforms, on-demand streaming services, and even video games,” said the chairman of the Senate Committee on Public Information and Mass Media.
“Hence, MTRCB, as the primary quasi-judicial government agency responsible for the review and classification of television programs, movies, and publicity materials, must have the expressed mandate to effectively and adequately carry out its purpose and objectives,” the lawmaker added.
The bill expands the MTRCB’s jurisdiction to include online and on-demand streaming services.
The bill expands the MTRCB’s jurisdiction to include online and on-demand streaming services “and any other technology of similar nature imported or produced in the Philippines, and in the latter case, whether they be for local viewing or for export”.
Under the proposed measure, the definition of a movie has been updated to include streaming through online or on-demand streaming services “and any technology of similar nature whether currently existing or to be developed in the future”.
It also allows the MTRCB, applying contemporary Filipino cultural values as standard, to act on movies, TV programs and publicity materials that may be objectionable for being “immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic of the Philippines or its people, or with a dangerous tendency to encourage the commission of violence or of a wrong or crime, or for the protection of national security, public order or public health” – as well as “those which express national, racial or religious hatred that constitutes incitement to discrimination, hostility, violence, or stereotyping or prejudice against the Filipino people, indigenous people or any ethnic group within or outside the country.”
Among the other updated provisions of the bill are:
* Exercising quasi-judicial functions to hear and decide cases for violation and impose administrative sanctions including fines and penalties, preventive custody of equipment and materials; suspension, non-renewal or cancellation of licenses; seizure of objectionable materials; and the power to cite in contempt those who disregard its process, issue summons and subpoena;
* Deputizing representatives from the government and from the various associations in the movie industry to help ensure compliance including on online and streaming services;
* Mandating the Office of the Deputy Executive Secretary for Legal Affairs to serve as secretariat of the appeals committee in the Office of the President;
* A term of three years for the MTRCB Chairperson and Vice Chairperson and two years for the board members, with all eligible for reappointment. The Chair will have the rank equivalent to that of a Department Undersecretary, while the Vice Chair will have the rank equivalent to a Department Assistant Secretary. The 30 members of the board shall have allowances equivalent to that of a Department Executive Director V;
* At least 15 members of the board other than the Chair and Vice Chair shall come from the movie and TV industries, preferably nominated by legitimate associations representing the various sectors of industries. The Chairperson of the board shall be the chief executive officer, with rank salary rights privileges and benefits equivalent to Executive Director IV, unless otherwise provided by law.
