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(NAR) VOL. 26 NO. 1/ JANUARY - MARCH 2015

[ MTRCB Memorandum Circular No. 01-2015, January 05, 2015 ]

AMENDED RULES AND REGULATIONS FOR THE REVIEW AND CLASSIFICATION OPTICAL MEDIA MATERIALS



Adopted: 05 January 2015
Date Filed: 03 February 2015

WHEREAS, Section 27 of Republic Act No. 9239[1] transfers to the Movie and Television Review and Classification Board (“Board”) the review and classification functions of the Optical Media Board;

WHEREAS, consistent with the Board’s mandate to promote and ensure an atmosphere of global competitiveness in the movie and television industries, and in harmony with the national policy to promote, develop and maintain the same as viable industry by protecting it from the inroads of obscenity, unjustified violence, and other audio/video content that is offensive to the moral and social values of the Filipino community, this amendment to the Rules and Regulations on the Standard for Review and Classification of Optical Media Materials is now imperative;

WHEREAS, public utility buses, ferries, restaurants and other public places were observed to have been publicly exhibiting in their respective premises motion pictures in an optical media material despite the fact that the permit to exhibit for all optical media materials is clearly for home viewing only;

NOW, THEREFORE, pursuant to the Board’s power to review and classify all public exhibitions of motion pictures, television programs and publicity materials, and in view of the above considerations, the Board hereby resolves, as follows:

SECTION 1. Definition of Public Exhibition of an Optical Media Material - The act of viewing or exhibiting the audio/video content of an optical media material, whether for theaterical or non-theatrical exhibition, or for private or general viewing, and whether for monetary, promotional or other consideration, is deemed as a public exhibition of the said optical media material for purposes of this Circular. Hence, the distinction enunciated in the Implementing Rules and Regulations on the Standards for Review and Classification of Optical Media Materials between a private viewing and public viewing of an optical media material is hereby vacated.

SECTION 2. Classification of Optical Media Material – All optical media materials shall be classified as either General Audience (“G”), Parental Guidance (“PG”), Restricted-13 (“R-13”), Restricted -16 (“R-16”), or Restricted -18 (“R-18”) following the standards provided under MTRCB Memorandum Circular No. 08-2012[2] amending Chapter IV of the 2004 Implementing Rules and Regulations of P.D. 1986. The Rating for Private Viewing under Section 3, Rule 6 of the Implementing Rules and Regulations on the Standards for Review and Classification of Optical Media Materials is hereby repealed.

SECTION 3. Advisory – Immediately prior to every exhibition of any main film feature, the film’s corresponding advisory rating shall be flashed on screen in the prescribed audio-video format, pursuant to MTRCB Memorandum Circular No. 10-2012[3]

SECTION 4. Trailers and Publicity Materials – Any and all trailers or publicity materials for the promotion of motion pictures or of any similar cinematographic works, including but not limited to plugs, messages, announcements, teasers and other promotional devices and activities, which are contained in an optical media material shall strictly conform to the GENERAL AUDIENCE (“G”) classification rating. All trailers or publicity materials that do not fall within the “G” classification shall not be approved for exhibition in any optical media material. All producers and/or distributors of optical media materials are required to ensure that all trailers or publicity materials contained therein must have the corresponding Trailer Advisory which must be displayed for at least three (3) seconds prior to the showing of the trailer. The provisions of MTRCB Memorandum Circular No. 04-2014[4] are hereby made an integral part of this Circular insofar as the same are not inconsistent herewith.

SECTION 5. Display of Color-Coded Film Ratings Advisory – Any and all optical media material, duly passed and approved by the Board, must prominently display in its printed packaging as well as on the disc label itself the official MTRCB logo and the film pictogram of the corresponding classification rating issued to the material following the officially-prescribed color-coded film rating advisory, as provided under MTRCB Memorandum Circular No. 10-2012.

SECTION 6. Procedure for Review and Appeal – The review and classification of all optical media materials shall follow the same processes, procedures, rules, regulations and appeal governing the review and classification of motion pictures, pursuant to Chapters VI and VII of the 2004 Implementing Rules and Regulations of P.D. 1986.

SECTION 7. Sanctions - Any violation of this Circular shall be dealt with appropriate administrative and criminal prosecution in accordance with the provisions of Section 11 of P.D. 1986 and Chapter XIII of its 2004 Revised Implementing Rules and Regulations.

SECTION 8. Repealing Clause - The provisions of the Implementing Rules and Regulations on the Standards for Review and Classification of Optical Media Materials, and any and all previous circulars, rules and regulations, and guidelines of the Board are hereby repealed, amended and/or modified accordingly insofar only as they may be inconsistent with this Circular.

SECTION 9. Separability – If any provision of this Circular is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

SECTION 10. Effectivity - This Circular shall take effect after fifteen (15) days following its publication in a newspaper of general circulation and filing with the Office of the National Administrative Register in the University of the Philippines Law Center, as required under the Administrative Code of 1987.

APPROVED, by the Movie and Television Review and Classification Board, in a meeting called for the purpose, on 22 October 2014 in Quezon City.


BY AUTHORITY OF THE BOARD:

(SGD.) EUGENIO H. VILLAREAL
Chairperson



[1] R.A. NO. 9239 promulgated on 10 February 2004, is entitled “An Act Regulating Optical Media, Reorganizing for this purpose the Videogram Regulatory Board, Providing Penalties therefore, and For Other Purposes”.

[2] Memorandum Circular No. 08-2012, promulgated on 19 July 2012, is entitled “Revised Classification Rating for Films.”

[3] Memorandum Circular No. 10-2012, promulgated on 03 October 2012, is entitled “Display and Exhibition of Color-Coded Film Ratings Advisory.”

[4] MTRCB Memorandum Circular No. 04-2014, promulgated on 18 June 2014, is entitled “Revised Rules for Classification of Trailer and Publicity Materials”
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