. sen Te :
FIFTEENTH CONGRESS OF THE REPUBLIC) OPFICEION THe SECRETARY
OF THE PHILIFPINES )
First Regular Session )
iO WL 27 NIG ST
+ SENATE.
s.No_ 1713 .
aEeeNED Dv. ~
Introduced by Senator Miriam Defensor Santiago 7)
EXPLANATORY NOTE

Research shows that more and more children are playing video and computer
games - especially ultra-violent ones that are top sellers. Boys spend an average of 13
hours a week playing them, and girls five hours.

'A recent content analysis by the American research organization Children Now
shows that a majority of video games include violence, and about half of the violent
incidents would result in serious injuries or death in the real world.

‘The American Psychological Association points out that violent video games can
increase children's aggression. Further, there is an increased frequency of violent
responses from children who play these kinds of video games.

Playing violent games also correlates to children being less caring and helpful
toward their peers. Children spend a great deal of time with violent video games at
exactly the ages that they should be leaming healthy ways to relate to other people and to
resolve conflicts peacefully.

‘According to American psychologist Dr. Phil McGraw, parents can minimize
potential harm from violent video, games by limiting the amount of time as well as the
types of games their children play. Active parental involvement in children's media
usage - including discussing the inappropriateness of violent solutions to real life
conflicts, reducing time spent on violent media, and generating alternative nonviolent
solutions to problems - all can reduce the impact of media violence on children and
youth,

Parents should also pay attention to video games’ ratings. The Entertainment

Software Ratings Board (ESRB) rates the age appropriateness of video games; and

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indicates whether they have violent, sexual themes, or graphic language content.
However, some features that parents may consider violent or sexual may not be labeled
as such by the ESRB. Further, video or computer games may have hidden content, or any
playable content that may be disabled or blocked from a user of such game so that it can
be accessed only by inputting a code or command or by altering the software of such
game with a modification, patch, or similar tool, utility, or method.

This bill seeks to promote and protect the physical, moral, spiritual, intellectual,
and social well-being of the youth by prohibiting deceptive conduct in the rating of video

and computer games.!

,
Cos Setar

' This bill was originally filed in the Thirteenth Congress, Third Regular Session.
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FIFTEENTH CONGRESS OF THE REPUBLIC) 5 OFFICE OF Th
)

OF THE PHILIPPINES
First Regular Session )
10° JUL 21 Al

SENATE,

s.No. 1713

RECENVED AY,
Introduced by Senator Miriam Defensor Santiago D
AN ACT
TO PROHIBIT DECEPTIVE CONDUCT IN THE RATING OF VIDEO AND
COMPUTER GAMES

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

SECTION 1. Short Title. - This Act shall be known as the “Truth in Video Game

Rating Act.”

SECTION 2. Declaration of Policy. - It is the policy of the State to promote and
protect the physical, moral, spiritual, intellectual, and social well-being of the youth.
Pursuant to this policy, this Act shall prohibit deceptive conduct in the rating of video and

computer games.

SECTION 3. Definition of Terms, - For purposes of this Act, the term:

(A) “Content rating” means any rating of the content of a video or computer
game provided to notify an individual of content in such video or
computer game that may be offensive to an individual or may not be
suitable for an individual of a certain age, including such content as
violence, graphic sex, nudity, or strong language;

(B) “Hidden content” means any playable content of a video or computer
game that may be disabled or blocked fiom a user of such game so that it
can be accessed only by inputting a code or command or by altering the
software of such game with a modification, patch, or similar tool, utility,

or method;



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(C) “Playable content”, with respect to a video or computer game, means any
scene, visual image, sound, or word that a user of such game can access after
installing the game on a computer , console, telecommunication device, or similar
technology;

(D) “Rating organization” any independent organization that assigns a content
rating to a video or computer game; and

(B) “Video or computer game” means any product, whether distributed
electronically or through a tangible device, consisting of data, programs, routines,
instructions, applications, symbolic Janguages, or similar electronic information
that enables a user of such product to interact with a computer -controlled virtual

environment for entertainment purposes.

SECTION 4. Prohibition on Deceptive Ratings of Video Games. -

(A) Rating Game Only on Partial Content - Notwithstanding any other provision
of law, effective one (1) year after the date of the enactment of this Act, a rating
organization may not assign a content rating to any video or computer game that is to
bear a label containing such content rating when sold or distributed in commerce unless
such rating organization has reviewed the playable content of the video or computer
game in its entirety.

(B) Withholding Content for' Rating -

(1) In General- Notwithstanding any other provision of law, effective one

(1) year after the date of the enactment of this Act, a person who produces, sells,

or otherwise distributes a video or computer game in commerce, may not

withhold or hide any playable content of such video or computer game from, or in
any other manner fail to disclose any playable content of such video or computer
game to, a rating organization.

(2) Hidden Content - Notwithstanding any other provision of law,
effective one (1) year after the date of the enactment of this Act, a person who, in
the course of obtaining a content rating, submits to a rating organization a video

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or computer game that contains hidden content shall provide such rating
organization with the necessary codes or methods of accessing such hidden
content.
(C) Gross Mischaracterization of Content ~

(1) In General - Notwithstanding any other provision of law, effective one
(1) year after the date of the enactment of this Act, a rating organization may not
provide a content rating that grossly mischaracterizes the content of a video or
computer game.

(2) Grossly Mischaracterize - Not later than one (1) year after the date of
the enactment of this Act, the Movie and Television Review and Classification
Board shall promulgate regulations that define the term “grossly

mischaracterizes,” as such term is used in paragraph (1).

SECTION 5. Penalties. - Any rating organization found guilty of violating
Scetion 3 shall be punishable by an amount not more than One Hundred Thousand Pesos
(P100,000.00).

In addition, a penalty of imprisonment of arrest0 mayor may be imposed on the
rating organization’s responsible officers if any of them are found to have knowingly
consented to violating Section 3 hereof.

In both cases, the court shall take into consideration all attending circumstances.

SECTION 6. Study by the Movie and Television Review and Classification Board.
(A) Study - Not later than one hundred and eighty (180) days after the date of the
enactment of this Act, the Movie and Television Review and Classification Board shall
conduct a study to determine the following:
(1) The efficacy of the ratings system of the Entertainment Software
Ratings Board, a non-profit, self-regulatory body established in the United States
of America, in assigning appropriate content ratings to video and computer
‘games, including ratings for online or Internet-based games.

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(2) Whether content ratings systems, like that used by the Entertainment
Software Ratings Board, should be peer-reviewed.

(3) Whether an independent content ratings system, developed and
administered by persons with no financial interest in the video or computer game
industry, would result in more accurate and effective content ratings for video or
computer games than the Content rating system used by the Entertainment
Software Ratings Board.

(4) The efficacy of a universal ratings system for visual content, including
films, broadcast and cable television and video, and video or computer games.

(B) Report- Not later than 180 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report on the findings of the study
conducted pursuant to Paragraph (A). The report shall contain recommendations
regarding effective approaches to content ratings that address the unique ratings

challenges of online and Internet based video games.

SECTION 7. Separability Clause. - If any provision, or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected shall

remain valid and subsisting,

SECTION 8. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified, or amended

accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,