Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bil No. 4947

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

The Movie and Television Review and Classification Board (MTRCB),
ished by Presidential Decree No. 1986 in 1985, serves an important role
safeguarding our children from violent, obscene, and otherwise harmful
material that may endanger their safety and wellbeing. The ratings published
by the MTRCB educate parents about the subject matter discussed and
portrayed in these media, empowering them to make informed decisions about
the kind of media to which they wish to expose their children. This is certainly
a worthy undertaking that has been duly accomplished by the MTRCB for
almost 30 years now

However, the mandate of this Board, delineated well before the
proliferation of affordable and d ble computer technology, does not cover
another potent type of visual media ~ video games. Since the late 1990s many
countries have expanded the functions and powers of their respective movie
and television regulatory bodies to include the review and classification of video
games, owing to the increasingly dominant position of video games in visual
entertainment worldwide. These regulatory bodies have also focused on
ensuring that video games with mature themes do not fall into the hands of
those too young to properly process the graphic and violent scenes they are
controlling on the screen.

According to the 2009 Nielsen Global Online Consumer Survey, Filipinos
are the top consumers of video games in the entire world. In order to ensure
the safety and wellbeing of our children, working hand-in-hand with the
responsible and nurturing parents and guardians of our great Nation, it is
paramount that we upgrade the bureaucracy in the face of new technologies
and changing times. Thus, this legislation aims to reorganize the MTRCB into a

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more versatile body up-to-date with the needs of contemporary Philippine
society.

In addition to video games, this legislation also gives MTRCB regulatory
powers over the content of outdoor media. Realistically, it is virtually
impossible to restrict access of minors to outdoor media since by definition
they are prominently displayed in public spaces. Thus, in order to further
protect the safety and well-being of our children we must take steps to ensure
that obscene outdoor media will be prohibited as necessary. Since the
functions of MTRCB already include the review of certain publicity materials, it
is logical to delegate the review of outdoor media to this body as well.

Support for the passage and approval of this legislation is carnestly
sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

4947

House Bill No. _

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
EXPANDING THE POWERS AND FUNCTIONS OF THE MOVIE AND
TELEVISION REVIEW AND CLASSIFICATION BOARD TO PROVIDE FOR
THE REGULATION OF VIDEO GAMES AND OUTDOOR MEDIA, AMENDING
FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1986

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 “Video Game
and Outdoor Media Regulation Act”.

SEC. 2. Paragraphs 1 and 2 of Section 2 regarding Composition,
Qualifications, and Benefits are hereby amended to read as follows:

The Board shall be composed of a Chairman, a Vice-Chairman
and (thirty (30) members| THIRTY-FIVE (35) MEMBERS, who
shall all be appointed by the President of the Philippines. The
Chairman, the Vice-Chairman, and the members of the Board,
shall hold office for a term of one (1) year, unless sooner
removed by the President for any cause; Provided, That they
shall be eligible for re-appointment after the expiration of their
term. If the Chairman, or the Vice-Chairman or any member of
the Board fails to complete his term, any person appointed to
fill the vacancy shall serve only for the unexpired portion of the
term of the Board member whom he succeeds.

No person shall be appointed to the Board, unless he is a
natural-born citizen of the Philippines, not less than twenty-one
(21) years of age, and of good moral character and standing in


the community; Provided, That in the selection of the members
of the Board due consideration shall be given to such
qualifications as would produce a multi-sectoral combination of
expertise in the various areas of motion picture, VIDEO
GAMES, OUTDOOR MEDIA, and television; Provided, further,
That at least five (5) members of the BOARD shall be members
of the Philippine Bar; Provided, [finally] FURTHER, That at
least fifteen (15) members of the Board may come from the
movie and television industry to be nominated by legitimate
associations representing the various sectors of said industry,
PROVIDED, FINALLY, THAT AT LEAST FIVE (5) MEMBERS
OF THE BOARD MAY COME FROM VIDEO GAME AND
OUTDOOR MEDIA INDUSTRIES TO BE NOMINATED BY
LEGITIMATE ASSOCIATIONS REPRESENTING THE VARIOUS
SECTORS OF SAID INDUSTRY,

SEC, 3, Section 3 regarding Powers and Functions is hereby
amended to read as follows:

A) XXX

b) To screen, review and examine all motion pictures, VIDEO
GAMES, AND OUTDOOR MEDIA as herein defined, television
programs, including publicity materials. such as
advertisements, trailers und stills, whether such motion
pictures and publicity materials be for theatrical or non-
theatrical distribution, for television broadcast or for general
viewing, imported or produced in the Philippines, and in the
latter case, whether they be for local viewing or for export;

¢) To approve or disapprove, delete objectionable portions from
and/or prohibit the importation, exportation, production,
copying, distribution, sale, lease, exhibition and/or television
broadcast of the motion pictures, VIDEO GAMES, television
programs, OUTDOOR MEDIA, 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 wrong or crime, such as but not limited to:



i) xxx
i) xxx

iv) xxx

vy) xxx

vi) xxx

vii) xxx

Provided, however, xxx

To supervise, regulate, and grant, deny or cancel, permits for
the importation, exportation, production, copying, distribution,
sale, lease, exhibition, and/or television broadcast of all
motion pictures, VIDEO GAMES, television programs,
OUTDOOR MEDIA and publicity materials, to the end 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, exhibit
broadcast by television;

d) To classify motion pictures, VIDEO GAMES, tele
programs and similar shows into categories such as "G" or
"For General Patronage” (all ages admitted), "P" or "Parental
Guidance Suggested", "R" or "Restricted" (for adults only), "X”
or "Not for Public Viewing’, or such other categories as the
BOARD may determine for the public interest;

e) To close movie houses and other similar establishments
engaged in the public exhibition of motion pictures and
television programs, OR THE SALE AND/OR DISTRIBUTION
OF VIDEO GAMES, which violate the provisions of this Act
and the rules and regulations promulgated by the Board
pursuant hereto;

Sf) x

g) To deputize representatives from the government and from
the various associations in the movie, VIDEO GAME, AND
OUTDOOR MEDIA [industry] INDUSTRIES, whose main
duties shall be to help ensure compliance with all laws
relative to the importation, exportation, copying, distribution,


SEC.

sale, lease, exhibition and/or television broadcast 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
agency for assistance in the implementation and enforcement
of its decisions, orders or awards;

h) To cause the prosecution, on behalf of the People of the
Philippines, of violators of this Act, of anti-trust, obscenity,
censorship and other laws pertinent to the movie, VIDEO
GAME, OUTDOOR MEDIA and television [industry]
INDUSTRIES;

i) xxx

Sj) xxx

4, Section 4 regarding Decision is amended by inserting the

following paragraph:

SEC

THE PROCEDURES USED BY THE BOARD TO IMPLEMENT
ITS REVIEW FUNCTIONS AND MAKE DECISIONS
CONCERNING THE APPROVAL OR DISAPPROVAL OF A
MOTION PICTURE OR TELEVISION, INCLUDING APPELLATE
PROCEDURES, SHALL ALSO BE USED FOR THE REVIEW
OF VIDEO GAMES AND OUTDOOR MEDIA AS APPLICABLE.
UNDER THIS ACT,

by inserting the following paragraph:

SEC.

THE DISTRIBUTORS AND/OR DEVELOPERS OF VIDEO
GAMES AND THEIR PUBLICITY MATERIALS, AS WELL AS.
THE CREATORS AND DISTRIBUTORS OF OUTDOOR
MEDIA, ARE BESTOWED THE SAME RIGHTS AND
PRIVILEGES AS DISTRIBUTORS, PRODUCERS, AND
EXHIBITERS OF MOTION PICTURES, TELEVISION
PROGRAMS, AND PUBLICITY MATERIALS UNDER REVIEW.

6. Section 7 is amended to read as follows:

. Section 6 regarding Examination and Review is amended


Sec. 7. Unauthorized showing, SALE, DISTRIBUTION, or
exhibition. —

Boog

IT SHALL ALSO BE UNLAWFUL TO SELL OR DISTRIBUTE
TO A MINOR UNDER EIGHTEEN (18) YEARS OF AGE ANY
VIDEO GAME THAT HAS BE! RATED “ADULTS ONLY” BY
THE BOARD. LIKEWISE, IT SHALL BE UNLAWFUL FOR A
MINOR UNDER EIGHTEEN (18) YEARS OF AGE TO BUY OR
RECEIVE ANY VIDEO GAME THUS RATED

NOTWITHSTANDING ‘THE PROVISIONS OF OTHER
APPLICABLE LAWS, A MINOR THAT MAKES USE OF ANY
FALSE EVIDENCE ABOUT HIS OR HER AGE TO OBTAIN A
COPY OF THE VIDEO GAME SHALL BE PUNISHED
PURSUANT TO THE PROVISIONS ON PENALTIES
STIPULATED BY SECTION 11 OF THIS ACT.

SEC. 7. Section 8 regarding Posting or Display of Certificate or
Label is amended by inserting the following paragraph:

THE PACKAGING OF ANY VIDEO GAME AND ANY PRINTED OR
DIGITAL PUBLICITY MATERIAL, WHETHER LOCALLY-PRODUCED
OR IMPORTED, THAT IS SOLD AND/OR DISTRIBUTED IN THE
PHILIPPINES MUST DISPLAY ITS RATING AS ASSIGNED BY THE
BOARD IN AN EASILY-VIEWABLE, LEGIBLE MANNER ON THE
FRONT SIDE IN THE STYLE AND MANNER PRESCRIBED BY THE
BOARD. DIGITAL COPIES OF GAMES MUST DISPLAY THE
RATING LABEL ON THE MENU SCREEN.

SBC, 8, Section 10 regarding Definition of Terms is amended by
inserting the following numbers:

Le xxx
2 Xxx

Fa SiR

:


6. XXX
7. Xxx

8. VIDEO GAME ~ A GAME PLAYED BY ELECTRONICALLY
MANIPULATING IMAGES PRODUCED BY A COMPUTER
PROGRAM ON A TELEVISION SCREEN OR OTHER
ELECTRONIC DISPLAY SCREEN,

9, RATING LABEL A MARKER THAT USES WORDS,
COLORS, AND/OR OTHER VISUAL STYLE ELEMENTS TO
CLEARLY COMMUNICATE THE RATING OF THE GAME AS
CLASSIFIED BY THE BOARD.

10. DIGITAL COPY OF GAME - A VERSION OF THE GAME
THAT USES TECHNOLOGY, SUCH AS ONLINE
DOWNLOADING, THAT DOES NOT REQUIRE A DISC OR
ANY OTHER HARD DEVICE FOR SALE AND/OR
DISTRIBUTION.

11. VIDEO GAME DISTRIBUTION - ANY COMMERCIAL
ACTIVITY THAT MAKES A VIDEO GAME AVAILABLE TO
THE GENERAL PUBLIC, INCLUDING MAKING A VIDEO
GAME AVAILABLE FOR FREE DOWNLOAD ONLINE.

12, OUTDOOR MEDIA - REFERS TO ALL EXISTING AND
PROPOSED ADVERTISING SIGNS, BILLBOARDS, DISPLAY
SIGNS, ELECTRICAL SIGNS, LIGHT EMITTING DIODE (LED)
SIGNS AND BILLBOARDS, GROUND SIGNS, ROOF SIGNS,
AND SIGN STRUCTURES, ALONG MAJOR
THOROUGHFARES, PUBLIC ROADS, SECONDARY ROADS,
AVENUES, STREETS, ROADS, PARKS AND OPEN SPACES
WITHIN METRO MANILA AND OTHER CITIES AND
MUNICIPALITIES.

SEC. 9. Section 12 is amended to read as follows:

Sec, 12. Banning of Motion Pictures, VIDEO GAMES,
OUTDOOR MEDIA, and Television Programs. ~

Boca



THE PROCEDURE FOLLOWED CONCERNING THE
BANNING OF MOTION PICTURES AND TELEVISION
PROGRAMS SHALL ALSO APPLY TO CASES IN WHICH
VIDEO GAMES OR OUTDOOR MEDIA ARE DEEMED BY
THE BOARD, AFTER EXAMINATION AND REVIEW, TO BE
UNFIT FOR CONSUMPTION IN THE PHILIPPINES.

SEC, 10. Implementing Rules and Regulations, ~ Within (60) days
from the effectivity of this Act, the Board shall promulgate the implementing
rules and regulations as may be necessary to ensure the efficient and effective
implementation of this Act.

SEC. 11, Separability Clause, - Should any part of this Act be declared
‘unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting.

SEC. 12. Amendatory Clause. ~ The pertinent provisions of P.D. No.
1986, in so far as they are inconsistent herewith, are hereby expressly
amended or modified accordingly.

SEC. 13. Repealing Clause. ~ The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended, or modified accordingly.

SEC. 14. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
after its publication in the Official Gazette and/or in at least two (2) national
newspapers in general circulation

Approved,