Filmmakers oppose bill allowing MTRCB to regulate streaming platforms
Film directors have criticized the approval of a Senate bill granting the MTRCB powers to regulate content on streaming platforms, raising concerns over curtailment of freedom of expression.
JL Burgos, the Alipato at Muog director who chairs Surian ng Sining, said he has no doubts that Senate Bill 2805, or the MTRCB Act, "will be used by the powerful few to censor opinion not in favor of the status quo or to be more precise—will be used to suppress truth."
Burgos noted that his 2024 documentary film about a desaparecido which won the Cinemalaya Special Jury Prize was initially given an X rating by the MTRCB "as the reviewers cited that the film tends to undermine the faith and confidence of the people in their government—the same clause that’s been used several times."
"What is dangerous with this Senate Bill 2805," he said, "is that it expanded more reasons for the board to 'Approve, disapprove, or order the deletion of objectionable portions and/or prohibit the importation, exportation, production, copying, distribution, sale, lease, exhibition, and/or television broadcast of movies, television programs, series, and publicity materials for public.'"
"The MTRCB Act gives more power to the board to technically banning the film for public viewing," he added.
Burgos also listed the grounds for MTRCB's X ratings, which he called "dangerously vague and subjective, and opens the door to arbitrary censorship."
"Any content that challenges the status quo, critiques government policy, or depicts social issues deemed 'immoral' by conservative standards could be banned outright," he said, adding that what makes it more appalling is that it will also cover online streaming platforms and such avenues once the bill is passed into law.
"As fake news prosper during this era of digital content, the bill is not only dangerous to creatives but also dangerous for its people—to decide what is just and right," Burgos said. "Sana huwag natin hayaan pagtakpan ang katotohanan. Manindigan dahl hindi lamang ang mga nakaupo ang makikinabang dito—lahat ng politikong mandarambong, corrupt, dinastiya, manyakis, at iba pang kriminal ng bayan ang makikinabang dito."
He called on artists and writers to join forces and oppose the MTRCB Act.
The Directors' Guild of the Philippines Inc. said it "strongly opposes" the bill, pointing out that with the MTRCB converting into a "parent of the country" and concentrating on its self-anointed role as a guardian of public morals, it is "a narrow reading of the State’s protective function as it serves only those who find it convenient to yield their parental guardian duties to the MTRCB."
"The DGPI stands for the broader interest of those who prefer to do parental duties by themselves, and rely on the MTRCB only for guidance through a genuine classification system (without censorship power) to facilitate these duties, possible only in a climate of free expression and free access to expression," it said.
The DGPI said it supports classifications like G, PG, and R as these are "sufficient to control access of minors, or guide parents to decide what minors may see," but opposes an X rating that bans a particular film.
"While the bill attempts to frame the MTRCB as protector of children, its provisions unmask its real mission: the unbridled control of Filipino hearts and minds through censorship of material not only for minors but more harmfully for adults, whose freedoms are protected by our Constitution (Article III, Section 4) and by the United Nations’ Universal Declaration of Human Rights (Article 19)," it said.
The DGPI said the bill also "impinges on a struggling local film industry."
Though the government's other creative industries attempt to re-energize this sector, it noted that "it is ironic that this bill seeks to sabotage those gains with its draconian provisions and seems set to cannibalizing what is left with these absurd acts of legislation."
"There is no need to create a redundant new law such as SB 2805 that would further destroy content creators’ rights to free expression and viewers’ rights to free access to expression," it said.
The DGPI pointed out that the bill's supporters seemingly think the country's film industry is "not mature, prepared, or responsible enough to deserve self-regulation and the freedom of expression enjoyed by other forms of expression"—never mind that the "same community has produced 11 National Artists in Cinema, including Lino Brocka, Ishmael Bernal, and Ricky Lee, whom the DGPI noted "have suffered censorship with works that brought honors to our country here and abroad."
"Let us not hinder our current and future creatives from freely exploring and sharing their experiences with these unnecessary and artificial barriers," it added.
Roman Perez, who is known for his movies on VMX (formerly Vivamax), reposted DGPI's statement on Facebook with the caption, "NO TO CENSORSHIP; NO TO MTRCB; Abolish MTRCB."
On June 2, the upper house reconvened for the last six sessions of the 19th Congress and passed the bill on third and final reading. It got 21 affirmative votes, 1 negative vote, and 0 abstentions.
Sen. Risa Hontiveros, in her explanation for her negative vote, said the bill "grants the MTRCB overly broad powers to censor even speech protected by the 1987 Constitution, and even material not meant for theatrical distribution."
Hontiveros pointed out that there are already laws that address harmful content concerning children, such as R.A. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, R.A. 11930 or the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act, and R.A. 9995 or the "Anti-Photo and Video Voyeurism Act of 2009.
"The regulation of digital services and online content, should be carefully done with legislation crafted specifically for this purpose, at hindi lamang add-on sa MTRCB," she said. "Ang boses at sining ng mga Pilipino—offline man o online—ay kapangyarihang pag-aari ng taumbayan, at protektado ng Saligang Batas. Ang anumang regulasyon nito ay dapat hindi labis."
Senate bill for 'protection of children'
MTRCB Chairman Lala Sotto, in a statement, said they "respectfully defer to the wisdom of our lawmakers on the matter."
"Whatever is ultimately approved by Congress and the President, we will implement it," Sotto said, adding that it's "worth noting that the House of Representatives has yet to pass its version of the bill."
"So, it may continue into the next Congress where it will be subjected to deliberations and further discussions," she said.
Sotto pointed out that while the bill seeks to establish appropriate mechanisms for cooperation with online streaming platforms and online curated content providers and streaming videos on-demand, the MTRCB "does not seek to rate or review these materials."
"There is no prior constraint or a mandatory review before content is shown. Rather, the measure seeks to ensure that the State is not left helpless in addressing valid concerns and issues such as harmful online content, particularly materials involving child abuse, exploitation, or voyeurism," Sotto said.
“In the end, it is our collective hope that any amendment should be firmly anchored on the principle that the protection of children is a top priority," she added.
In a release, Sen. Robin Padilla, the bill's sponsor, said the MTRCB must be authorized to regulate video content on streaming platforms "to maintain the standards of decency and morality expected by Filipinos."
Padilla noted that while some productions from Asian countries may align with Filipino culture, western-influenced content "often requires careful consideration, especially when it comes to protecting young audiences."
The bill, he said, aims to ensure the MTRCB's authority "will be able to meet the demands of the digital age."
According to Padilla, its passage "will equip the MTRCB to regulate streaming contents to address issues of obscenity, immorality, and senseless violence in the digital platforms."
Other than regulation, the bill also seeks to give the MTRCB chairman and vice chairman the rank, salary, rights, privileges, and benefits equivalent to a department undersecretary and department assistant secretary, respectively.
