III. P.D. No. 1986: Constitutional Or Unconstitutional? Article III Section
III. P.D. No. 1986: Constitutional or Unconstitutional? Article III Section 4 of the Bill of Rights: “No law shall be passed abridging the freedom of speech, of expression, or of the press,or the right of the people to peaceably assemble and petition the government for redress of grievances.” MTRCB has been a tool of the government in the curtailment of the right to freedom of expression for years. The violation of the right to freedom of expression in the present MTRCB charter can be traced back in history even before the declaration of Martial Law in 1972. o Board of Censors for Motion Pictures (BCMP) - R.A. No. 3060, Approved June 17, 1961 o Board of Review for Motion Pictures and Television (BRMPT) - E.O. No. 876, February 18, 1983 “WHEREAS, a regulatory body must not only function in reviewing and censoring films or television programs brought before it but must also initiate the plans and cooperate with the industry to improve, upgrade and make viable the industry as one source of fueling the national economy…”(P.D. No. 1986) MTRCB’s main function is to help parents in guiding their children’s viewing of motion pictures and television programs—not censoring programs that do not favor the state’s interests! Who decides on what/when to CENSOR? Sec. 3 of P.D. No. 1986: Powers and Functions “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, television programs 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…” Sec.
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