QuestionsQuestions (MTRCB MEMORANDUM CIRCULAR NO. 12-2011)
It is issued pursuant to Memorandum Circular No. 05-2011 in relation to Section 3(a) of Presidential Decree No. 1986 (MTRCB’s enabling law).
It cites the State’s obligation to protect the youth, the welfare of children as a substantial and compelling government interest, and the need to balance this against broadcasters’ freedom of speech.
It states that the best interests of children shall be the paramount consideration in activities and proceedings concerning them, consistent with the UN Convention on the Rights of the Child.
SPG means “stronger and more vigilant parental guidance” is suggested; children may not be advisable to watch unless under the very vigilant guidance and presence of a parent or adult, and parents are warned to exercise greater parental responsibility.
It must still fall within the parameters of the existing Parental Guidance rating, but to merit SPG the gravity of the material must, in the Board’s judgment, be leaning toward the maximum allowable for Parental Guidance.
The Circular instructs the Board to consider the purpose, genre, and time slot, as well as treatment and depiction of attendant factors such as theme, violence, drugs, language, sex, and horror.
Theme, violence, drugs, language, sex, and horror.
It must be broadcast for at least 20 seconds immediately before the opening credits and midway in the full airing of the particular television material classified as SPG.
It must specifically declare the content descriptors pertinent to the program shown, such as theme, violence, drugs, language, sex, and horror (not limited to those descriptors).
It must show the capital letters “SPG” in a red box with the phrase “Strong Parental Guidance Striktong Patnubay at Gabaya” at the bottom; it must be clearly superimposed at the bottom right corner throughout the entire showing, though it may be placed elsewhere as needed so long as not done too often.
The pictogram advisory is 32.5mm x 19.05mm; the text in the pictogram phrase “Strong Parental Guidance Striktong Patnubay at Gabaya” must be written in font 10 (Arial-Narrow Solid) white with black outline.
It states: “ANG PROGRAMANG ITO AY RATED SPG. STRIKTONG PATNUBAY AT GABAY NG MAGULANG ANG KAILANGAN, MAY MA SELANG TEMA, EKSENANG KARAHASAN, DROGA, LENGGWAHE, SEKSWAL AT KATATAKUTANG MAAARING HINDI ANGKOP SA MGA BATANG MANONOOD.” (As shown in the Circular’s prescribed pictogram image/text.)
Violations are dealt with under Section 11 of P.D. 1986 and Chapter XIII of its 2004 Revised Implementing Rules and Regulations.
If any provision is declared invalid/unconstitutional, the unaffected sections or provisions remain in full force and effect.
It takes effect after fifteen (15) days following its publication in a newspaper of general circulation and filing with the Office of the National Administrative Register at the UP Law Center, as required by the Administrative Code of 1987.
It says the Board must balance the State’s interest to protect the welfare of the youth against the broadcast networks’ interest/freedom of expression.