Closed Captioning for TV Programs Law

Section 2(a) defines Closed caption as a method of subtitling television programs by coding statements as vertical data signal decoded at the receiver and superimposed at the bottom of the television screen.
Section 2(b) defines Economically burdensome as difficulty or expense determined by the following factors:
- Section 2(b)(1) the nature and cost of the closed captions for the programming;
- Section 2(b)(2) the impact on the operation of the provider or producer;
- Section 2(b)(3) the financial resources of the provider or producer; and
- Section 2(b)(4) the type of operations of the provider or producer.
Section 2(c) defines Newscast or news programs as reports of happenings of recent occurrence intended for the information of the general public, including political, social, moral, religious, and other subjects.
Section 2(c) provides that newscast or news programs include straight news reporting and exclude news analyses or editorials, commentaries, and opinions.

Section 3(a)(a) exempts public service announcements shorter than ten (10) minutes from closed captioning.
Section 3(a)(b) exempts programs shown in the early morning hours from 1:00 a.m. to 6:00 a.m.
Section 3(a)(c) exempts programs that are primarily textual in nature from closed captioning.
Section 3(a)(d) exempts programming when compliance would be economically burdensome.

Section 4(a) imposes a fine of not less than PHP 50,000 but not more than PHP 100,000, or imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court, for violations of Section 1.
Section 4(a) provides that when the offender is a corporation, partnership, association, or any other juridical person, the president, manager, administrator, or person-in-charge of the management who knowingly and willfully voted or assented or acted with bad faith and gross negligence shall be liable.
Section 4(a) mandates that, in addition to criminal liability, the offender’s license or permit to operate its business shall be cancelled.

Section 5(a) directs the Movie and Television Review and Classification Board to promulgate necessary rules and regulations within one hundred twenty (120) days from the effectivity date of the Act.
Section 5(a) requires the Board to promulgate such rules in consultation with the National Telecommunications Commission and other concerned agencies and entities.
Section 5(a) requires the rules and regulations to include:
- guidelines and applications of exemption;
- a system of warnings, penalties and appeals; and
- monitoring and compliance.

Section 6(a) repeals or amends all laws, decrees, orders, rules or regulations, and other issuances, or parts thereof, that are inconsistent with the Act.
Section 7(a) provides separability: if any provision is declared invalid, other parts not affected remain in full force and effect.
Section 8(a) provides that the Act takes effect fifteen (15) days after completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

The Act is Republic Act No. 10905, entitled an “AN ACT REQUIRING ALL FRANCHISE HOLDERS OR OPERATORS OF TELEVISION STATIONS AND PRODUCERS OF TELEVISION PROGRAMS TO BROADCAST OR PRESENT THEIR PROGRAMS WITH CLOSED CAPTIONS OPTION, AND FOR OTHER PURPOSES.”
The Act is approved on July 21, 2016.
The Act lapsed into law on JUL 21 2016 without the signature of the President, pursuant to Article VI, Section 27 (1) of the Constitution.