MTRCB Rules: Review of Optical Media for Private View

Legal basis and policy objectives

The rules direct the MTRCB to recognize the roles of the optical media industry in society as entertainment, educational, and informative.
The rules require regulation through content classification to protect against obscenity, unjustified violence, and other objectionable content that corrode moral and social values of the community.
The rules require content classification based on substantive standards tied to Filipino cultural values and community moral and social protection.

Key definitions used in the rules

The Board means the Movie and Television Review and Classification Board (MTRCB) created under Presidential Decree No. 1986.
Optical Media Material/Material means video cassette tape, film, motion picture, disc, or any other technical variation thereof containing recorded visual images of cinematographic art or work, performance, or event that can be projected on television screens and other projection equipment.
Optical Media Material excludes similar software and equipment used for games and amusement purposes requiring active participation of the user.
A Commercial Permit is the authority issued by the Optical Media Board for commercial reproduction, replication, distribution, selling, or renting of optical media material.
Promotional Material means material used to generate public interest in or further the growth or development of optical media material.
Cinematographic Art or Work means artistic creations employing a series of pictures projected in rapid succession to create an optical effect of continuous picture movement.
Rights means the consent, approval, or authority given by the producer, importer, licensee, or lessee for commercial exploitation of the cinematographic art or work in optical media material.
Disposition includes distributing, producing, reproducing, marketing, selling, or leasing optical media material for commercial or promotional purposes.
Production is the act or business of filming, capturing, or imprinting cinematographic art or work, performance, or event on optical media material.
Reproduction is the act or business of transferring, replicating, copying, duplicating, taping, or dubbing into optical media material the recorded work or performance.
Distribution is the act or business of commercial exploitation and disposition within a specific territory of acquired optical media material rights, including importation or exportation.
Dealership includes selling or leasing optical media material in commercial quantities to retailers or retail outlets and includes servicing reproduction or replication for distribution.
Private Viewing/Exhibition is viewing or exhibiting in a private place without monetary or promotional consideration and where less than fifteen (15) persons are present.
Public Exhibition includes showing in public places such as theaters, moviehouses, restaurants, hotels, motels, barns, halls, lounges, plazas, disco houses, beer houses, pubs, airlines, ships, and similar places open to the general public, and private places where showing is for monetary or promotional consideration, or where fifteen (15) or more persons are present.
A Certificate of Registration is the authority issued to an entity to transact business with the Board in relation to review and classification of optical media material under Presidential Decree No. 1986.
Review is the process whereby the Board examines content to determine fitness for reproduction, distribution, sale, or rent intended for private viewing.
Classification is the act/process of reviewing and assigning one of the ratings “G,” “PG,” “R,” or “X.”
A Classification Certificate is the certificate issued by the Board certifying review, classification, and the corresponding rating.
An Optical Media Material Label is the printed hallmark, insignia, or design of the producer or manufacturer defining and identifying the optical media material.
Credits are the opening and closing segments enumerating and identifying persons portrayed, the producer, director, and other pertinent data required by law.

Objectives of the Board

The Board promotes, develops, and maintains the optical media industry as a viable industry by protecting it from obscenity, unjustified violence, and other objectionable content that corrode community moral and social values.
The Board regulates the industry through content classification to protect social and moral values.

Registration with the Board

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.
If an entity engages in more than one listed business and has separate and distinct transactions with the Board, it must register each line of business.
Entities must accomplish the prescribed form under oath, submit documentary requirements, and pay the corresponding annual registration fee to be issued a Certificate of Registration.
The Board prescribes annual registration fee and other related fees.
Late registration triggers a surcharge and/or penalty imposed for late registration.

Review and classification coverage

All optical media materials intended for private viewing—such as motion pictures, films, video tapes, music videos, compact discs, and other audio-visual works—must undergo Board review and classification before they are commercially reproduced, replicated, distributed, sold, or leased.
Duly registered entities applying for review and classification must submit the prescribed application form under oath and the documents required by the Board.
The Board accepts material for review and classification upon submission of a duly accomplished review application and payment of the corresponding fees.

Standards and tests for content

The Board judges content based on treatment of a theme, the thesis espoused, and the material in its entirety and as a whole, not isolated parts.
The Board uses contemporary Filipino cultural values as the basic standard for review.
The Board disallows content that is objectionable as immoral, indecent, libelous, contrary to law or good customs, or injurious to the prestige of the Republic of the Philippines and its people.
Prohibited content under the standards includes material that:
- glorifies criminals or condones crimes;
- is libelous or defamatory to any person’s good name and reputation, whether living or dead;
- tends to abet trafficking and use of prohibited drugs;
- clearly attacks any race, creed, or religion as distinguished from individual members; and
- serves no other purpose but to satisfy the market for excessive violence or pornography.
Pornography is defined as synonymous with obscenity, tested by whether it tends to weaken the moral fiber of the community or influence the viewer to antisocial or socially counterproductive behavior, and is utterly bereft of redeeming social value.
The pornography test includes unnecessary depiction of sex without consent; sex with children under twelve (12); sex with animals or zoophilia; satyriasis or nymphomania; anal intercourse, bondage, sado-masochism and similar acts; sexual orgies like group sex or unabated sex; sexual licentiousness, libertinism, or hedonism; and even normal copulation.
Excessive violence is tested by whether it tends to lead the community into violent antisocial counterproductive behavior, or is utterly bereft of redeeming social value.
The excessive violence test includes unnecessary depiction of violent oppression of individuals or groups; brutality; carnage, genocide, and similar acts; sado-masochism; violence in sex; and gory and visceral results or aftermath of violence.

Classification system and ratings

Classification is an advisory to parents to help them exercise due diligence so children are not exposed to objectionable content.
Classification is used for treatment of theme, violence, language, nudity, drug abuse, and other similar elements.
The Board evaluates the submitted material in its entirety and bases its decision on what is seen or heard, not what is imagined.
All reviewed materials are rated as “GENERAL PATRONAGE (G),” “PARENTAL GUIDANCE (PG),” “RESTRICTED (R),” or “DISAPPROVED (X).”
G (General Patronage) means suitable for all ages; it contains no objectionable content offensive by parents whose young children were to view it; violence should be minimal; there is no sexually oriented nudity; and any drug use content pushes the material to PG.
PG (Parental Guidance) means parental guidance is suggested; it goes beyond G in theme, violence, nudity, sensuality, language, or other content but does not fall within R; adult material may be present, but children may view under parental or adult guidance and supervision.
R (Restricted) applies to adults only, defined as persons eighteen (18) years old or above; it covers adult material not suitable for children and minors under any and all circumstances and includes vulgar or profane language, considerable sex and violence, sexually oriented nudity, and tolerant depiction of aberrational behavior.
X (Disapproved) covers materials the Board finds objectionable as immoral, indecent, libelous, contrary to law or good customs, or injurious to the prestige of the Republic of the Philippines and its people.
The Board must display an approved MTRCB insignia and approval rating prominently in the credits, label, and product packaging of all approved optical media materials prior to distribution, sale, or lease.

Use of prior theatrical/TV ratings

Materials already reviewed and classified for theatrical and/or television exhibition must receive the corresponding rating for private viewing without need for review if:
- a duly accomplished application has been filed;
- the corresponding review fees have been paid; and
- the submitted optical media material is the same unedited version.
The private viewing rating mapping for theatrical exhibition is:
- G theatrical → G private viewing;
- PG 13 theatrical → PG private viewing;
- R 13 theatrical → PG private viewing;
- R 18 theatrical → R private viewing.
The private viewing rating mapping for television is:
- G television → G private viewing;
- PG television → PG private viewing.

Review procedure and timelines

Upon a proper application filed before the Board, the Chairman designates one (1) Board member to review, either through the Chairman personally or through a committee of at least three (3) Board members present; the Chairman may refer the material to a committee of at least three (3) Board members due to sensitive nature.
The reviewer or committee renders a decision and assigns the rating accordingly and must not order deletions or erasures in the optical media material.
The decision must be in writing and must state the reasons for approval or denial of the requested audience classification.
A committee member dissenting from the majority may state the reasons for dissent in the decision.
The Board must, at best efforts, review and classify the material or resolve a motion for reconsideration or reclassification within ten (10) working days from receipt of a duly accomplished review application/motion and payment of the review fee.
The decision, including any dissenting opinion, is immediately transmitted to the Chairman of the Board for notification to the applicant.
If a material is given Disapproved (X), the applicant may file a Motion for Reconsideration within five (5) working days from notice of the decision.
An applicant seeking a change in the approved rating may file a Motion for Reclassification within five (5) working days from notice of the decision.
An applicant may institute revisions at its own initiative when moving for reconsideration of a disapproved material or for reclassification to a less restrictive audience rating.
On receipt of the motion for reconsideration or reclassification, the Chairman appoints a Committee on Second Review composed of at least five (5) Board members; members of the first review committee are not appointed to the second committee.
The applicant may appeal to the Board en banc within ten (10) working days from receipt of denial of the motion for reconsideration or reclassification.
The Board en banc issues a final decision.
The review and classification process is deemed terminated only upon receipt of the decision by the Office of the Chairman of the Board.
Reviewed optical media materials remain in the Board’s custody for proper disposition.

Inspection authority over optical media premises

The Board or its duly authorized representative is allowed, within business hours, unhindered entry and access into business premises of producers, reproducers, distributors, dealers, retailers, and public exhibitors for inspection and compliance determination under Republic Act No. 9239, Presidential Decree No. 1986, and these rules.

Prohibited acts and administrative penalties

It is prohibited to reproduce, distribute, sell, and/or lease optical media materials that have not been submitted for review and classification to the Board.
It is prohibited to reproduce, distribute, sell, and/or lease optical media materials disapproved by the Board.
It is prohibited to sell and/or lease:
- R-rated optical media material to persons under eighteen (18) years old; and
- PG-rated optical media material to persons under thirteen (13) years old.
It is prohibited to commercially possess, reproduce, distribute, sell, and/or lease optical media material included in the Board’s prohibited or warning list issued from time to time.
It is prohibited to commercially possess, produce, reproduce, distribute, sell, and/or lease pornographic optical media material.
It is prohibited to commercially reproduce, distribute, sell, and/or lease optical media material under an untitled or falsely titled form.
It is prohibited to commercially possess, reproduce, distribute, sell, and/or lease optical media materials without the approved MTRCB insignia/logo and rating prominently incorporated in the label and product packaging and/or in the credits.
It is prohibited to revise, edit, or insert disapproved or deleted portions into optical media material approved and rated by the Board.
It is prohibited to commit deliberate misrepresentation in registering with or applying for a Certificate of Classification from the Board.
It is prohibited to fail to surrender to the Board the optical media material involved in any violation.
It is prohibited to switch, substitute, or tamper with Board-required labels.
It is prohibited to publicly display posters and other promotional/advertising material not authorized by the Board.
Any violation triggers administrative penalization—without prejudice to criminal actions—through suspension or cancellation of the Board’s certificates of classification and/or registration and/or the imposition of other administrative penalties provided by law.

Administrative hearing, adjudication, and appeals

Administrative cases are first submitted before the Office of the Chairman of the Board.
If the alleged offender voluntarily admits the charges, the Chairman imposes the appropriate penalty.
If the alleged offender denies or refutes the charges, the Chairman refers the case to the Hearing and Adjudication Committee composed of at least (3) Board members designated by the Chairman.
At least one member of the Hearing and Adjudication Committee must be a member of the Philippine Bar.
An appeal from the Hearing and Adjudication Committee decision may be filed before the Board en banc within ten (10) working days from receipt of the decision.
The Board en banc decision is final.
The Rules of Court apply suppletorily.

Fees and penalties for late registration/payment

Review fees depend on the running time of the optical media material:
- running time up to fifteen (15) minutes: PHP 1,000.00;
- running time of more than fifteen (15) minutes to one (1) hour: PHP 1,200.00;
- running time of more than one (1) hour to three (3) hours: PHP 1,500.00;
- every hour exceeding three (3) hours or a fraction of the hour: PHP 1,000.00/hr.
Annual registration fees are:
- for year 2005: PHP 1,750.00; and
- for year 2006 and every year thereafter until further notice: PHP 3,500.00.
Annual registration fee payment must be made on or before December 31 of the preceding year.
Late registration and payment impose a 100% Penalty.

Final clauses: separability, repeal, effectivity

If any section or provision is held invalid, the invalidity does not affect the remaining provisions, which continue in full force and effect.
Any prior rule, regulation, circular, or order inconsistent with these rules is amended, modified, or repealed as to inconsistency.
The rules take effect after fifteen (15) days following publication in newspapers of general circulation in the Philippines.