[ PCG MEMORANDUM CIRCULAR NO. 18-93, November 22, 1993 ]

GUIDELINES GOVERNING THE SHOWING/EXHIBITION OF VIDEOGRAM ONBOARD VESSELS IN THE DOMESTIC TRADE



A
Authority


1.         Paragraph (u) of Section 3, Republic Act 5173.

2.         Revised Rules and Regulations of the Videogram Regulatory Board under PD 1987.


B
Purpose


To prescribe guidelines governing the showing/exhibition of videograms or films onboard Philippine registered vessels in the domestic trade and to supplement HPCG Memorandum Circular Nr. 02-79 dated 1 June 1979 and MARINA Memorandum Circular No. 72 dated 10 December 1992.


C
Scope


The provisions of this Memorandum Circular cover the conduct of showing/exhibition of videograms onboard Philippine registered vessels that carry passengers and specify features required to be included in a film or videogram showing safety tips for passengers.


D
Definition of Terms


1.         Videogram video cassette tapes, discs, similar softwares or any other technical variation thereof, containing pre-recorded visual images and sounds of any cinematographic art of work, performance or event that can be reproduced on television screens and other projection equipment. Videograms, however, do not include video games and computer tapes, discs, and similar softwares and equipment used for games and amusement purposes which may require the active participation of the viewer.

2.         Public Exhibition the act or business of showing cinematographic art of work, performance or event in videograms aboardship in places as movieroom, restaurant, halls, lounges, disco rooms, pubs, and other similar places that are open to the general public or private places where the showing is for monetary or promotional considerations, or where fifteen or more persons are present.

3.         Commercial License the authority issued to video establishments registered by a person whether natural or juridical, to engage in the business of production, distribution, reproduction, selling, renting or public exhibition of videograms. Selling or renting includes sales or leases either by a dealer or retailer.

4.         Commercial Permit the authority issued for the commercial reproduction, distribution, selling, renting or exhibition of videograms reviewed and as classified by the Videogram Regulatory Board (VRB). Commercial licenses are issued to video establishments while commercial permits are given for the commercial or promotional exploitation of videograms.

5.         Credits this refer to the pre-dubbed audio-visual of opening and closing characters and letters identifying the classification rating of the videogram, accompanied by the VRB logo, placed before and after the videogram film.

6.         Rating Labels these are pre-printed markings indicating the classification rating for specific audience together with the VRB logo and a numbered monitoring system, such as: General Patronage or G, Parental Guidance or P and Restricted or R.


E
Policy Guidelines/General Provisions


  1. HPCG Memorandum Circular 02-79 dated 1 June 1979 and MARINA Memorandum Circular No. 72 dated 10 December 1992 prescribe requirements for vessels to show safety films in order to enhance safety. Films or videograms on shipboard safety features/tips shall be approved by the Philippine Coast Guard prior to showing to ensure that proper procedures of carrying out safety precautions are shown and that important mandatory features are included.

  2. Shipowners shall ensure that the film or videogram on safety onboard their passenger ships features the following:

    1. Proper donning or wearing of life jackets;

    2. Alarms and signals to include announcement passed thru the public address system during emergency;

    3. Locations of SOLAS equipment and firefighting system;

    4. Safety information to passengers which details mustering locations, escape procedures, exits, and movement around the ship indicating traffic movement or flow of traffic;

    5. Actions to be taken by passengers during emergency situation and instructions as to their participation;

    6. Information to passengers with respect to restricted/off limits areas;

    7. Supervision of passenger activities;

    8. System of security to prevent unauthorized personnel from boarding the ship with particular reference to drug, smuggling or pilferage;

    9. Policy with respect to socializing of ship ™s crew with the passengers; and

    10. Personnel hygiene and sanitation in galleys, comfort rooms, passenger accommodation spaces, passage ways and other similar places.

  3. Commercial Videograms

    1. Using the same facilities, commercial videograms may be shown free to passengers. Such commercial videograms shall be approved and classified by the VRB and shall be obtained only from registered and regulated outlets with commercial license or permit. (These authorized outlets are obliged to display their commercial license as issued by the VRB).

    2. These videograms or films shall be shown at a designated space provided for, which shall not interfere with the ship ™s operations or disturb passengers ™ comfort/accommodation.

    3. Only those videograms or films reviewed and classified by the VRB as General patronage shall be shown for public exhibition onboard domestic vessels.

    4. All products of videogram reproduction shall bear the identical labels and credits placed by the VRB on the master copy of videogram approved and classified by them.

F
Responsibilities

1.         The ship ™s operator or owner, the video exhibitor and the master of vessel shall be liable for the public exhibition of videograms which are not approved and classified by the VRB.

2.         The VRB or its duly authorized representatives whether escorted or not by PCG personnel, shall be allowed free and unhindered entry aboardship in the designated place of exhibition of videograms, in the exercise of its regulatory and supervisory powers.

3.         All Coast Guard stations shall monitor compliance of this Memorandum Circular.

4.         The Commander, Maritime Safety Office or the Commander of Coast Guard District shall review the safety film or videogram and ensure that the said video film or videogram will feature those mentioned in paragraph 3 of Section E of this Memorandum Circular.


G
Penalties and Sanctions


1.         Violations on the showing of commercial films are classified and penalized under Section 21 of the Revised Rules and Regulations of the Videogram Regulatory Board under PD 1987.

2.         Failure to comply with the provisions of paragraph 3 of Section E of this Memorandum Circular shall be subject to the following penalties and sanctions:

  1. First Offense - fine of One thousand Pesos (P1,000.00);

  2. Second Offense - fine of Two Thousand Pesos (P2,000.00); and

  3. Third and Succeeding Offenses - fine of Five Thousand Pesos (P5,000.00) and imprisonment of six months.

3.         The ship ™s master/video exhibitor is given one month to rectify deficiencies after the administrative fine is imposed.


H
Effectivity


This Memorandum Circular supplements MARINA Memorandum Circular No. 72 dated 10 December 1992, and shall take effect one month after its publication in a newspaper of general circulation or fifteen days upon submission to the University of the Philippines Law Center.

Adopted: 22 Nov. 1993


(Sgd.) CARLOS L. AGUSTIN
Commodore AFP