Directors’ Guild opposes bill expanding MTRCB powers to regulate streaming platforms

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The Directors' Guild of the Philippines says Senate Bill 2805, which the Senate passed on the third and final reading, 'impinges on a struggling local film industry'

MANILA, Philippines – The Directors’ Guild of the Philippines Incorporated (DGPI) on Wednesday, June 4, said that it “strongly opposes” Senate Bill 2805 that allows the Movie and Television Review and Classification Board (MTRCB) to also regulate online streaming platforms.

This came after the Senate passed the bill, which strengthens the mandate of the MTRCB for the “protection of the general public, particularly minors, from exposure to harmful and inappropriate content,” on third and final reading on Monday, June 2.

“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),” the DGPI said in a statement.

“Further, this act impinges on a struggling local film industry. With the government’s other creative industries initiatives attempting to re-energize this sector, 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.”

The DGPI argued that National Artists for Film and Broadcast Arts like Lino Brocka, Ishmael Bernal, and Ricky Lee also faced censorship, yet their works have brought honor to the country.

Lee got imprisoned for a year during Martial Law, while the films of Brocka and Bernal explored the Filipinos’ struggles under the dictatorship of former President Ferdinand Marcos Sr.

“The bill’s supporters seem to think the film/TV community is not mature, prepared, or responsible enough to deserve self-regulation and the freedom of expression enjoyed by other forms of expression,” the DGPI said. “Let us not hinder our current and future creatives from freely exploring and sharing their experiences with these unnecessary and artificial barriers.”

“To reiterate, the DGPI stands against expansion of MTRCB’s jurisdiction into the online streaming space because it is largely a private viewing experience, and does not count as public exhibition, and deplores this attempt by the MTRCB to discriminate against those in the audio-visual sector that encompasses film, television, and streaming.”

Senator Risa Hontiveros voted against the bill sponsored by Senator Robin Padilla, saying it grants the MTRCB “overly broad powers to censor even speech protected by the 1987 Constitution, and even material not meant for theatrical distribution.”

Hontiveros said their are already laws put in place to combat illegal content involving children, including the Republic Act (RA) 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, RA 11930 or the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act, and RA 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 and not just an add-on to the MTRCB. The voice and art of Filipinos, whether offline or online, is a power that belongs to the people and is protected by the constitution. Any regulation thereof must not be excessive,” Hontiveros said in a mix of Filipino and English.

MTRCB chairperson Lala Sotto on Wednesday said in a statement that the board “does not seek to rate or review” online curated content or streaming videos on-demand.

“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 contents, 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.” – Rappler.com