"x x x.
Despite its name, the MTRCB is still a censorship board. While also a classification board, by classifying a movie or television program as “not for public viewing” through its “X” rating, the MTRCB actually has censorship powers, contrary to Article III Section 4 which states that no law may be passed abridging free expression, press freedom and freedom of assembly.
If indeed the MTRCB is empowered to suspend TV programs (that there is no mention of that power in its implementing rules and regulations is probably the basis for TV5’s contention that the MTRCB has gone beyond its mandate by suspending “T3”), that power is similarly a form of censorship abridging press freedom and the right to free expression. The wonder of it is that such an agency has been allowed to continue this long without its Constitutionality’s being seriously challenged.
The very bottom line is that the MTRCB is a censorship board despite its name, and a remnant of martial law repression. Its abolition has been argued for decades by media advocacy, free expression, journalists’ and press freedom groups.
A purely classificatory and rating agency without censorship powers that would classify films and TV programs and shows according to what age groups can view them should be created in its place to resolve the obvious conflict between the present Board and the Constitution. The primary governing principle should be to do away with all forms of censorship in whatever guise, to respect the self-regulatory mechanisms in place in the media, encourage the development of similar mechanisms in motion pictures, and overall, to protect the right to free expression as a fundamental human right.
x x x."