MTRCB insists it has no jurisdiction over political ads

MTRCB Chairman Toto Villareal. INQUIRER FILE PHOTO / GRIG C. MONTEGRANDE

The Movie and Television Review and Classification Board (MTRCB) on Saturday maintained that it has no jurisdiction over political advertisements during the campaign season, following the uproar over a negative advertisement against presidential poll front-runner Mayor Rodrigo Duterte that aired on ABS-CBN.

“In response to continuous queries and feedback over traditional and social media, the MTRCB reiterates that it does not, as a matter of law and practice, preview any political advertisement for TV broadcast during the election period,” MTRCB chair Eugenio Villareal said in a statement.

Villareal said MTRCB “affirms its regular policy of respect and deterrence” to the Commission on Elections (Comelec), which he said has the jurisdiction to “supervise and regulate” such advertisements the Omnibus Election Code, the Fair Elections Act, and Comelec Resolution No. 10049.

“Thus, under Resolution No. 10049, the Comelec can require summary reports of TV advertisements, entertain ‘right to reply’ claims, and even summarily act on advertisements which are against ‘public morals.’ At the same time, advertisers and networks are to observe self-regulation in regard to content,” Villareal said.

“All the above, however, are without prejudice to any action that may be brought post-broadcast to such appropriate forum for relief or other measure for the violation of any other law or norms other than election laws, subject always to due process for all those concerned,” he added.

For its part, the Comelec said the airing of negative advertisements is permitted by election laws.

Villareal assured the public that the agency “will always be solicitous in regard to the welfare of children, women, and other usually vulnerable sectors in media and entertainment” and asked to support the Comelec for an “honest, orderly, and peaceful” elections.

“It (MTRCB) also has, on the other hand, a developmental mandate to promote free speech and expression. Being a creation of law, however, the MTRCB must necessarily act within the framework of mandates of individual agencies and of the courts,” Villareal added.

READ: ABS-CBN on ‘anti-Duterte’ TVC: We are duty-bound to air legitimate ad

The 30-second ad paid by Sen. Antonio Trillanes featured clips of Duterte’s controversial remarks and profanity-laced speeches, with children asking the public whether they wanted someone like the tough-talking mayor to be the next president. In a statement, ABS-CBN said it had nothing to do with the production of the ad, and that it was “duty-bound to air a legitimate ad” in accordance to guidelines of the Comelec.

Duterte’s running mate Sen. Alan Peter Cayetano was able to secure a temporary restraining order on the airing of the advertisement from the Taguig Regional Trial Court.

READ: Cayetano wins TRO vs anti-Duterte ads, but word war goes on

Hackers who identified themselves as “Pinoy Hackers,” meanwhile, defaced MTRCB’s website on Saturday, accusing the agency of “turning a blind eye” on a supposedly “malicious political mud-slinging advertisement” against a candidate. IDL