Definitions
- Board: MTRCB under Presidential Decree No. 1986.
- Optical Media Material: video cassettes, films, discs with recorded visual images; excludes game software.
- Commercial Permit: authorization by Optical Media Board for commercial activities on optical media.
- Promotional Material: materials to promote optical media.
- Cinematographic Art: visual art created by projecting sequential pictures.
- Rights: consent for commercial exploitation by producers, licensors.
- Disposition: methods of commercial use (distribution, sale, etc.).
- Production, Reproduction, Distribution, Dealership: defined business acts related to optical media.
- Private Viewing: viewing in private without monetary/promotional consideration, fewer than 15 persons.
- Public Exhibition: showing to 15 or more persons or for monetary/promotional consideration.
- Certificate of Registration: official authorization to transact business with the Board.
- Review: examination of content to assess suitability.
- Classification: rating process assigning G, PG, R, or X.
- Classification Certificate: formal certification of review and rating.
- Optical Media Label: identifying mark of producer/manufacturer.
- Credits: opening and closing information of media work.
Objectives of the Board
- Promote optical media as entertainment, educational, informative industry.
- Protect community moral/social values from obscenity, unjustified violence, and other objectionable content.
Registration Requirements
- Annual registration required for entities producing, reproducing, importing, distributing, or dealing in optical media for private viewing.
- Separate registration for each line of business.
- Submission of sworn application, documents, and payment of fees; issuance of Certificate of Registration.
- Penalties for late registration including surcharges.
Materials Subject to Review and Classification
- All optical media intended for private viewing require review and classification before commercial reproduction, distribution, sale, or lease.
- Registered entities must submit sworn application with necessary documents.
- Payment of fees required for acceptance of application.
Standards for Review and Classification
- Review assesses treatment of themes and content in entirety, not isolated parts.
- Disallow materials that are immoral, indecent, libelous, against law or morality, and harmful to national prestige.
- Prohibition includes content that glorifies criminals, is defamatory, promotes drug use, incites racial/religious attacks, or panders to excessive violence or pornography.
- Pornography defined by impact on community morals, including depiction of sex without consent, sex with minors, bestiality, extreme sexual acts, and normal copulation when deemed unnecessary.
- Excessive violence defined as material promoting violent anti-social behavior or containing gratuitous violence such as repression, brutality, genocide, sadomasochism, violent sex, or gory aftermaths.
Classification and Ratings
- Classification is advisory for parents to exercise responsibility in supervising viewing.
- Ratings: G (General Patronage), PG (Parental Guidance), R (Restricted for Adults), X (Disapproved).
- Descriptions:
- G: Suitable for all ages; mild language and minimal violence; no sexual nudity.
- PG: Adult themes allowed; children may view with parental guidance.
- R: For adults 18+; contains strong language, considerable sex/violence, nudity.
- X: Objectionable materials rejected outright.
- Materials previously reviewed for theatrical/TV exhibition may be classified for private viewing without further review if unedited.
- Rating insignias must be prominently displayed on credits, labels, and packaging.
Review Procedure
- Review done by one designated board member or committee of at least three members.
- Decisions include written reasons and do not require deletion or editing of material.
- Target processing time is 10 working days post application and fee payment.
- Motions for Reconsideration or Reclassification allowed within 5 working days.
- Second review by different committee of five members.
- Appeals made to Board en banc within 10 working days; final decision binding.
- Review process ends upon receipt of decision by Chairman's office.
- Board retains custody of materials during process.
Authority to Inspect Business Premises
- Board or authorized representative may enter business premises of producers, distributors, dealers, and exhibitors during business hours for compliance inspection.
Prohibited Acts and Sanctions
- Prohibited acts include:
- Handling materials not reviewed/classified by Board.
- Distributing disapproved materials.
- Selling R-rated materials to minors under 18; PG-rated to children under 13.
- Handling pornographic, untitled, falsely titled, or mislabeled materials.
- Tampering with Board labels or refusing inspection.
- Unauthorized public promotion.
- Violations subject to criminal prosecution and administrative sanctions including suspension or cancellation of registration and classification certificates.
- Administrative cases first handled by Chairman’s Office; with Hearing and Adjudication Committee if denied.
- Appeals to Board en banc; final decision.
- Rules of Court apply suppletorily.
Final Provisions
- Invalidity of any provision does not affect others (separability).
- Prior conflicting rules repealed or amended.
- Rules effective 15 days after publication.
Fees and Penalties
- Review fees based on running time: up to 15 minutes (₱1,000), more than 15 minutes up to 1 hour (₱1,200), more than 1 hour to 3 hours (₱1,500), every additional hour ₱1,000.
- Annual registration fees: ₱1,750 (2005), ₱3,500 (2006 onward).
- Late payment penalty of 100%.
This detailed summary encapsulates all key provisions, definitions, procedural rules, standards, classifications, prohibited acts, penalties, and operational aspects of the implementing rules and regulations on optical media material review and classification by the MTRCB.