Law Summary
Objectives of the Board
- Maintain videograms as wholesome media, free from obscenity and unjustified violence.
- Protect rights holders from piracy.
- Develop a legitimate videogram industry and promote foreign exchange through export.
- Promote cooperation among producers, exhibitors, and distributors.
- Facilitate government collection of fees.
- Generally protect public welfare through supervision and regulation.
Registration and Commercial License
- All engaged in videogram business must register with the Board.
- Separate registration required for different business types and locations.
- Application involves submission of proof and payment of fees.
- Commercial license must be obtained to legally engage in business.
- Surcharges apply to late registration or renewal.
- Operating without registration or license results in penalties.
- Board may limit the number and location of registrants for effective regulation.
Rights Over Cinematographic Art or Work
- No reproduction within six months after theatrical release without written consent from rights holder.
- Sale, lease or disposition requires prior registration with the Board and proper identification.
Review of Videogram Content
- All commercial videograms must be reviewed before reproduction or distribution.
- Standards based on Filipino cultural values reject content that is immoral, libelous, or incites violence or hatred.
- Specifically disallowed content includes materials inciting rebellion, undermining government, glorifying crime, libel, drug trafficking, contempt of court, racial or religious attacks, excessive violence, or pornography.
- Pornographic and excessively violent materials are defined in detail.
- The Board focuses on the overall message and impact of the film.
- Applications for review must be filed by registered and licensed producers or distributors with proof of rights.
- Review conducted by designated member(s), with possible appeal and reclassification.
Issuance of Commercial Permit, Rating Labels, and Credits
- Approved videograms receive commercial permits and must display Board-issued labels and credits.
- Only labeled and classified videograms may be commercially exploited.
Duties of Video Producers, Distributors, Dealers, Retailers, and Exhibitors
- Must handle only Board-approved and classified videograms with proper labels and credits.
- Conduct business only with licensed entities and accredited representatives.
- Producers/reproducers involved in marketing must register as distributors or dealers.
- Retailers must segregate videograms by classification and restrict sales to age-eligible persons.
- Exhibitors must deny entry to underage persons for restricted content and are liable for immoral or indecent exhibitions.
- Unreviewed or mislabeled videograms held in establishments is prima facie evidence of illegal commerce.
Inspection of Business Premises
- Board or authorized representatives may freely enter and inspect videogram-related business premises.
Violations and Penalties
- Grave violations include unlicensed operations, piracy, selling disapproved or hardcore pornography, falsification, and counterfeiting of Board materials.
- Less grave violations include unauthorized advertising.
- Light violations include selling restricted videograms to minors, delayed payments, and lack of display of permits.
- Penalties vary from closure, fines, suspension of licenses, confiscation of material, scaled by severity.
- Monetary fines range from less than P200 to up to P50,000.
- Factors influencing fines:
- Favorable: good faith, cooperation, admission of guilt.
- Unfavorable: habitual violation, fraud, use of government property.
- Multiple violations attract penalties corresponding to the most serious violation.
- Administrative penalties do not preclude criminal prosecution.
Other Provisions
- Rules apply prospectively but do not absolve prior violations.
- Rules take effect fifteen days after publication in a newspaper of general circulation.
- Amendments have been made through various Board Resolutions.