Title
MTRCB Rules: Review of Optical Media for Private View
Law
Mtrcb
Decision Date
Jul 20, 2005
The Review and Classification Rules and Regulations of Optical Media Materials for Private Viewing in the Philippines aims to protect the moral and social values of the community by ensuring that all optical media materials undergo review and classification by the Movie & Television Review & Classification Board (MTRCB) before being commercially reproduced, distributed, sold, or leased, with ratings indicating suitability for different age groups and the need for parental guidance or restriction.

Questions (MTRCB)

The text states that Section 27 of R.A. No. 9239 transferred to the MTRCB the review and classification functions of the Optical Media Board, and that the MTRCB promulgates the rules pursuant to Section 3(a) of Presidential Decree (P.D.) No. 1986.

Private Viewing/Exhibition is viewing/exhibiting an optical media material in a private place without monetary or promotional consideration, where less than fifteen (15) persons are present. The threshold matters because it affects whether the material falls under private viewing regulation and thus under MTRCB review/classification rules for private exploitation.

It includes video cassette tape, film, motion picture, disc, or any technical variation thereof containing recorded visual images of any cinematographic art/work/performance/event that can be projected on television screens and other projection equipment. It excludes similar software/equipment used for games and amusement requiring active user participation.

All entities engaged in production, reproduction, importation, distribution and/or dealership of optical media material intended for private viewing requiring a classification certificate must annually register with the Board.

The entity must accomplish the prescribed application form under oath and submit documentary requirements as may be required by the Board, and it must pay the corresponding fees.

The Board judges not on the theme but the treatment of a theme; not on the plot but the thesis the plot espouses; and not on parts in isolation but on the entirety and as a whole.

Examples include: (a) materials that glorify criminals or condone crimes; (b) libelous or defamatory content; (c) materials that tend to abet trafficking and use of prohibited drugs; (d) attacks against any race/creed/religion; and (e) content that only serves to satisfy the market for excessive violence or pornography.

Pornography is synonymous with obscenity. The test is whether the material tends to weaken the moral fiber of the community or tends to influence viewers to anti-social or socially counter-productive behavior, and whether it is utterly bereft of redeeming social value.

Examples include sex without consent; sex with or among children under 12; sex with animals; satyriasis/nymphomania; anal intercourse; bondage/sado-masochism and similar acts; sexual orgies/group sex; and sexual licentiousness/hedonism, among others.

It is whether the material tends to lead the community into violent anti-social counterproductive behavior, or whether it is utterly bereft of redeeming social value—illustrated by unnecessary depiction of brutality, oppression of the physically/socially weak, carnage/genocide, gory visceral results, and violence in sex, among others.

G: General Patronage—suitable for all ages with no objectionable content deemed offensive by parents; minor language/violence permissible. PG: Parental Guidance—beyond G but not strictly for adults; may have adult material permissibly viewed under guidance/supervision. R: Restricted—For Adults Only (18+); adult content not suitable for children under any circumstances, typically vulgar/profane language, considerable sex and violence, sexually oriented nudity, tolerant depiction of aberrational behavior. X: Disapproved—objectionable as immoral/indecent/libelous/contrary to law or good customs, or injurious to the prestige of the Republic and its people.

No. The reviewer/committee renders a decision and rates the material accordingly and does not order deletions or erasures.

The Board shall at best efforts review/classify or resolve a motion for reconsideration/reclassification within ten (10) working days from receipt.

The applicant may file a Motion for Reconsideration within five (5) working days from notice of the decision.

It is composed of at least five (5) board members. Members of the Committee on First Review are not appointed to the second committee.

Yes. The applicant may appeal to the Board en banc within ten (10) working days from receipt of denial. The Board en banc decision is final.

Examples include: (a) reproducing/distributing/selling/leasing optical media not submitted for MTRCB review/classification; (b) distributing/selling/issuing those disapproved by the Board; (c) selling/leasing R-rated material to persons under 18 or PG-rated material to persons under 13; (d) possessing/producing/distributing pornographic optical media commercially; and (e) revising/editing/inserting disapproved or deleted portions into approved content.

A Board-approved MTRCB insignia and approval rating must be incorporated and prominently displayed in the credits, label, and product packaging of all approved optical media materials prior to distribution, sale, or lease.

Fees depend on running time: up to 15 minutes = P1,000; more than 15 minutes to 1 hour = P1,200; more than 1 hour to 3 hours = P1,500; every hour exceeding 3 hours or fraction = P1,000/hr. Example: A 3 hours 20 minutes film exceeds 3 hours by 20 minutes, so it would fall under “fraction of the hour” for exceeding 3 hours, charged at P1,000.


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