Expanding MTRCB Mandate: Decent Or Dissent?

The MTRCB Act, aimed at strengthening and expanding the mandate of the Movie and Television Review and Classification Board (MTRCB) by including online streaming platforms in its regulatory powers was passed on third and final reading on Monday, June 2.

This move was led by Senator Robin Padilla who seeks to broaden the MTRCB's mandate to encompass paid platforms such as Netflix, Disney+, and other streaming services. The proposed bill, also known as Senate Bill No. 2805, is intended to defend Filipino values and shelter younger viewers from what Padilla refers to as "Western-influenced content" that may not adhere to cultural standards.

This bill is viewed by critics as a backward step that undermines creative freedom and democratic values. Senator Robinhood Padilla's quest for this proposal brings back the ban on subversive material, which has been seen as reminiscent of martial law due to the censorship-like nature of the regulations, jeopardizing our ability to access a wide range of entertainment and content worldwide.

The MTRCB was created in 1985 with the goal of regulating the film and television industry, particularly focusing on decency and morality. While it has played a role in protecting minors and upholding cultural values, concerns have been raised about its effectiveness in the digital age and its potential to hinder creativity and innovation.

Senator Hontiveros expressed concern that the proposal gives the government too much influence over online information, including constitutionally protected speech. 

"I voted no to the bill expanding the authority of MTRCB since it grants the MTRCB overly broad powers to censor even speech protected by the 1987 Constitution, and even material not meant for theatrical distribution," said Senator Hontiveros.

The plan to expand the MTRCB's jurisdiction to include online streaming services is not just a step backward; it also raises operational concerns and runs the danger of offending foreign co-producers and partners who are essential to the expansion and international recognition of Philippine cinema.

Meanwhile, the Director’s Guild of the Philippines Inc. (DGPI) stated that it supports film classifications like G, PG, and R, which enable parents to make informed judgments. However, it rejected the notion of an X grade that outright prohibits specific films, claiming that such limitations are unlawful and superfluous.

For instance, The MTRCB has made separate decisions regarding the films "Alipato at Muog" and "Dear Santa" (originally "Dear Satan”). The former, which explores the search for a missing activist, was initially given an X rating by the MTRCB. The director, JL Burgos, appealed this decision, and after a second review by the board, the film was reclassified as R-16, allowing for its release in theaters. 

However, Dear Santa (originally Dear Satan) was denied an appeal and its X rating was upheld, which portrays Satan being redeemed, is based on the belief that it undermines Christian beliefs. The agency believes the film is "deceiving" and that the portrayal of Satan being good is a misrepresentation. 

Furthermore, the League of Filipino Actors (AKTOR) has released another statement urging Congress to halt the proposed proposal, noting the necessity for a "meaningful, inclusive dialogue with the creative industry" before moving any law that could control the arts.

This implies that the Philippines faces potential risks from compromising content creators' rights and attracting investors, potentially leading to a loss of talent and a potential brain drain from prominent Filipino filmmakers seeking creative freedom in the global streaming market.

The MTRCB should never have the power to ban movies and TV shows. Mere content classification does not stifle freedom of speech and expression; censorship does. Their aim for content regulation and ‘child protection’ becomes a ludicrous development trying to curtail the entertainment industry. 

The responsibility of delivering our nation's most pressing and vital stories has historically rested with independent producers. Filmmakers that tackle socially relevant or critical subjects should not be subject to ambiguous and broad censorship standards, particularly those that are linked to political stability and national reputation. Streaming services have made it possible for the award-winning documentaries that reveal environmental issues and wrongdoings to be told freely.

Producers, directors, writers, and the whole film & TV industry should petition the 20th Congress not to expand the powers of the MTRCB, but to abolish this outmoded, obsolete, fossilized, agency.

If not, this will certainly deter subscribers, go back to piracy instead, and fasten the death of artistic creativity. In an era when free expression and access to different content should be the norm, this measure directly undermines cultural discourse and the democratic value of dissent.

Article: Larriezel Morada 

Graphics: Keren Hope De Leon