Closed Captions Option for Television Programs

Case Overview and Summary

Republic Act No. 10905: Requiring Closed Captions for TV Programs

Requirement:
- All TV franchise holders, operators, and producers must provide closed captions option for their programs, including newscasts, news programs, and pre-scripted programs. (Section 1)

Definitions:
- Closed caption: Subtitling method by coding statements as vertical data signal decoded and superimposed at the bottom of the TV screen. (Section 2a)
- Economically burdensome: Significant difficulty or expense determined by the nature and cost of closed captions, impact on operations, financial resources, and type of operations. (Section 2b)
- Newscast or news programs: Reports of recent happenings of varied character intended for public information, excluding analyses, editorials, commentaries, and opinions. (Section 2c)

Exempt Programming:
- Public service announcements shorter than 10 minutes. (Section 3a)
- Programs shown between 1:00 a.m. and 6:00 a.m. (Section 3b)
- Programs that are primarily textual in nature. (Section 3c)
- When compliance would be economically burdensome. (Section 3d)

Penalties:
- Fine of not less than P50,000 but not more than P100,000, or imprisonment of not less than 6 months but not more than 1 year, or both, at the court's discretion. (Section 4)
- For corporations, partnerships, or associations, the president, manager, administrator, or person-in-charge who knowingly and willfully acted with bad faith and gross negligence shall be liable, and the business license or permit shall be cancelled. (Section 4)

Implementation:
- The Movie and Television Review and Classification Board, in consultation with the National Telecommunications Commission and other concerned agencies, shall promulgate the necessary rules and regulations within 120 days from the effectivity date, including guidelines and applications of exemption, system of warnings, penalties and appeals, and monitoring and compliance. (Section 5)

Repealing Clause, Separability Clause, and Effectivity:
- All inconsistent laws, decrees, orders, rules, or regulations are repealed or amended accordingly. (Section 6)
- If any provision is declared invalid, other parts not affected shall remain in full force and effect. (Section 7)
- The Act shall take effect 15 days after its publication in the Official Gazette or in at least two newspapers of general circulation. (Section 8)