Republic of the Philippines x
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 4108

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan and
Hon. Iris Marie D. Montes

AN ACT
REFORMING THE MANDATE OF THE MOVIE AND TELEVISION REVIEW AND
CLASSIFICATION BOARD TO INCLUDE STREAMING SERVICES, AMENDING
FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1986 OTHERWISE KNOWN
AS "CREATING THE MOVIE AND TELEVISIONS REVIEW AND
CLASSIFICATION BOARD" AND FOR OTHER PURPOSES

EXPLANATORY NOTE

New and emerging technologies changed the way data and information are
consumed. The digital age has made it convenient to share files and media using
online platforms, peer-to-peer networks, and streaming websites and
applications, among others. During the pandemic, demand for online streaming
platforms in particular, increased as many were forced to stay at home to isolate
or observe community quarantine impositions. Some streaming services that
gained popularity during the pandemic include Netflix, Hulu, Disney+, Apple TV+,
NBC's Peacock, and HBO Max.

However, the pandemic-fueled boom in streaming services created gray
areas that existing regulatory frameworks failed to address. Presidential Decree
No. 1986 (PD 1986) empowers the Movie and Televisions Review and
Classification Board (MTRCB) to classify motion pictures, television programs and
similar shows into categories screen and determine which are safe for public
viewing or should be restricted. Section 3 of PD 1986 enumerates MTRCB's powers
and functions which include screening, reviewing, and examining all motion
pictures whether imported or produced in the Philippines and whether for local
viewing or export.

However, nowhere in its current mandate expressly authorizes MTRCB to
regulate online streaming services. The terms internet nor online platforms are
neither mentioned in PD 1986. This presents a serious regulatory and monitoring
gap because the streaming services showcase the same movies, television series,
and motion pictures that should be within MTRCB's jurisdiction. The main
difference being consumers are able to view a specific show outside its real-time
broadcast through streaming services.

To address this lacuna in the law, this bill proposes to amend PD 1986 to


include in the MTRCB's duties and functions the authority to regulate on demand
online streaming services. It seeks to rationalize the need for a government
regulatory body to review and classify movie and television programs that are
being shown to the public including those shown online through streaming
services. It likewise seeks to modernize the law which did not contemplate other
services such as the internet when it was passed in 1985.

Finally, the MTRCB, as the primary quasi-judicial government agency
responsible for the review and classification of television programs, movies, and
publicity materials must be able to adequately adapt and address the changing
demands of our film and television industry while safeguarding the best interests
of Filipino consumers.

Hence, the swift and timely approval of this bill is urgently sought.

c
KEITH MICAH “ATTY. MIKE” D.L. TAN IRIS MARIE D. MONTES
4th District, Quezon Kababaihan Kabalikatan para sa Kapakanan

at Kaunlaran ng Bayan (4K) Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. _4108

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan and
Hon. Iris Marie D. Montes

AN ACT
REFORMING THE MANDATE OF THE MOVIE AND TELEVISION REVIEW AND
CLASSIFICATION BOARD TO INCLUDE STREAMING SERVICES, AMENDING
FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1986 OTHERWISE KNOWN
AS "CREATING THE MOVIE AND TELEVISIONS REVIEW AND
CLASSIFICATION BOARD" AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION. 1. Section 3 of Presidential Decree C'PD/") No. 1986 is hereby
amended to read as follows:

“SEC. 3 Powers and Functions. The Board shall have the
following functions, powers and duties:

XXX

b) To screen, review and examine all motion pictures as
herein defined, television programs, including publicity
materials such as advertisements, trailers and stills, whether
such motion pictures and publicity materials be for theatrical
or non- theatrical distribution, for television broadcast or for
general viewing, AND/OR STREAMED THROUGH ONLINE
PLATFORMS AND STREAMING SERVICES imported or
produced in the Philippines, and in the latter case, whether
they be for local viewing or for export;

c) To approve or disapprove, delete objectionable portions
from and/or prohibit the importation, exportation,
production, copying, distribution, sale, lease, exhibition
[and/or] television broadcast, AND/OR STREAMING
THROUGH ONLINE PLATFORMS AND STREAMING
SERVICES of the motion pictures, television programs and
publicity materials subject of the preceding paragraph, which,
in the judgment of the BOARD applying contemporary
Filipino cultural values as standard, are objectionable for
being immoral, indecent, contrary to law and/or good
customs, injurious to the prestige of the Republic of the


Philippines or its people, or with a dangerous tendency to
encourage the commission of violence or of a wrong or crime,
such as but not limited to:
i)XXX
d) To supervise, regulate, and grant, deny or cancel, permits
for the importation, exportation, production, copying,
distribution, sale, lease, exhibition, [and/or] | television
broadcast, AND/OR STREAMING THROUGH ONLINE
PLATFORMS AND STREAMING SERVICES of all motion
pictures, television programs and publicity materials, to the
end and that no such pictures, programs and materials as are
determined by the BOARD to be objectionable in accordance
with paragraph (c) hereof shall be imported, exported,
produced, copied, reproduced, distributed, sold, leased,
exhibited and/or broadcast by television;
XXX

h) To deputize representatives from the government
and from the various associations in the movie industry,
whose main duties shall be to help ensure compliance with all
laws relative to the importation, exportation, copying,
distribution, sale, lease, exhibition [and/or] television
broadcast, AND/OR STREAMING THROUGH ONLINE
PLATFORMS AND STREAMING SERVICES of motion
pictures, television programs, advertisements and publicity
materials. For this purpose, the BOARD may constitute such
Regulatory Council or Councils composed of representatives
from the government and the movie and television industry
as may be appropriate to implement the purposes and
objectives of this Act. The BOARD may also call on any law
enforcement for assistance in the implementation and
enforcement of its decisions, orders or 2 awards;

Sec. 2. Section 7 of PD No. 1986 is hereby amended to read as follows:

"SEC. 7. Unauthorized Showing or Exhibition. — It shall be
unlawful for any person or entity to exhibit or cause to be
exhibited in any movie house, theater or public place, [or by]
television, within the Philippines any motion picture,
television program or publicity material, AND/OR
STREAMING THROUGH ONLINE PLATFORMS AND
STREAMING SERVICES including trailers, and stills for lobby
displays in connection with motion pictures, not duly
authorized by the owner or his assignee and passed by the
BOARD; or to print or cause to be printed on any motion
picture to be exhibited in any theater or public place or by
television a label or notice showing the same to have been
officially passed by the BOARD when the same has not been
previously authorized, except motion pictures, television
programs or publicity material imprinted or exhibited by the
Philippine Government and/or its departments and agencies,


and newsreels.”
Sec. 3. Section 8 of PD No. 1986 is hereby amended to read as follows:

"SEC. 8. Posting or Display of Certificate or Label. — The
motion picture exhibitors AND ON DEMAND ONLINE
STREAMING SERVICES shall post and/or display the
certificate or label of approval of the motion picture by the
BOARD, and shall post or display, or cause to be posted or
displayed, the said certificate or label at conspicuous places
near the entrances to theaters or places of exhibition, AND AT
THE BEGINNING OF THE MOTION PICTURE, TELEVISION
PROGRAM OR SERIES, IN CASE OF ON DEMAND ONLINE
STREAMING SERVICES, and shall include in all their cinema
advertisements announcements stating the classification, as
provided in Section 3 (e) hereof, of the motion picture being
exhibited or advertised.”

Sec. 4. Section 10 of PD No. 1986 is hereby amended to insert a new item
number 6 and all the other numbers are therefore hereby renumbered
accordingly:

“SEC. 10. For the purposes of this Act, the following terms
shall mean:
XXXX

6. ON DEMAND ONLINE STREAMING SERVICES -
STREAMING MEDIA SERVICES WHICH ARE OFFERED
DIRECTLY TO AUDIENCES THROUGH THE INTERNET
AND/OR SUBSCRIPTIONS. THE VIEWERS OR USERS WILL
NEED AN INTERNET CONNECTION TO STREAM OR
DOWNLOAD VIDEO CONTENT.”

Sec. 5. Implementing Rules and Regulations. - Within ninety (90) days from
effectivity of this Act, the MTRCB in collaboration with the concerned agencies and
stakeholders, shall promulgate the rules and regulations to effectively implement
the provisions of this Act.

Sec. 5. Separability Clause. - If, for any reason, any provision of this Act is
declared unconstitutional or invalid, the other parts or provisions hereof which
are not affected shall continue to be in full force and effect.

Sec. 6. Repealing Clause. - All laws, decrees, orders, rules and regulations or
portions thereof, inconsistent with this Act are hereby repealed or modified
accordingly.

Sec. 7. Effectivity. - This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or in at least one (1) national
newspaper of general circulation.

Approved,