A new law needs to be passed. We’re doing our best to make the last few months of this administration count for something,” said actor Jeremy Marquez, chair of the Optical Media Board (OMB), the agency responsible for regulating the production, use and distribution of recording media in the country.
Marquez was sworn in as OMB chair in November 2021, replacing Christian Natividad. He has a fixed term of three years. Prior to joining the OMB, he was a director of the fair trade enforcement bureau of the Department of Trade and Industry (DTI). He is the son of actor and former Paranaque City Mayor Joey Marquez.
OMB is the lead agency in fighting piracy. For Marquez, the best way to run after those who patronize pirated materials is to create a law that will help facilitate the enforcement of Republic Act No. 8293, or the Intellectual Property Code of the Philippines. He added that running after those who violate this is a problem not just for the OMB but for any other regulating agency, such as the DTI, National Telecommunications Commission (NTC) and even the Movie and Television Review and Classification Board (MTRCB).
“We’ve been talking with the heads of these other agencies about what we can propose to the next Congress. We have already come up with a JAO (joint administrative order),” Marquez told Inquirer Entertainment in a recent interview.
“Basically, the JAO is saying that we have to abide by consumer laws. Right now, it’s very difficult for us to really do the policing, being that we actually live in an internet-driven world,” he observed, adding that videos (film and TV shows) are the most pirated content on the internet.
Marquez also pointed out that this is the jurisdiction of the NTC, and that the OMB can only “help” by providing the necessary information to the said agency. “With the new law, we will be able to simplify this and speed up the process of enforcement. It’s really difficult because when you take down a website today, a new one will be put up tomorrow. We’re really doing our best,” he declared.
Fighting piracy
Aside from fighting piracy, the OMB is also mandated to regulate the digital memory form, meaning any gadget that has capabilities of storing digital memory, explained Marquez.
“Before they even arrive in the country, and before they are even sold in outlets or stores, they need an import license from the OMB. Instead of just focusing on enforcement, we want to help stakeholders by teaching them. Firstly, there’s a need to educate store owners about the OMB. Of course, you want your business to be legit. For our part, we want to know how we can extend our arms to help them in getting the necessary permits,” he explained.
“On the hard side of enforcement, which is admittedly much needed, our problem isn’t just the physical stores anymore. We also have to monitor online trading platforms like Facebook, Lazada, Carousell and Shopee, as well as check out also all these streaming apps,” he said.
Marquez also said the OMB is still running its old infomercials, particularly the one featuring OMB ambassador Angel Locsin. “We’re in the process of making new ones. We’re currently doing the scripts. We hope to come up with new ones every month, with them focusing on the stories of regular Filipinos,” he explained. “We won’t be focusing just on piracy or its effects. We will try to touch the hearts of Filipinos by advocating the sense of fairness and integrity.”
Marquez admitted that the OMB, under his leadership, has yet to encounter a company or a person who sought the help of the agency while claiming to be a victim of piracy, even during the two-week run of the 2021 Metro Manila Film Festival (MMFF) in December. “We don’t take that as a good thing, but that the activity is very minimal. The agency did get reports during the 2020 MMFF run—that a movie that’s just about to be released was already uploaded on Facebook,” he reported, adding that the OMB has communicated with directors and producers to ask what they thought would be the best way to handle similar situations.
“The perpetrator is very hard to pinpoint. How did they get access to that? It could be a leak or it could be intentional. It will be very hard to prevent it but what we plan to do is make sure people don’t participate, to tell them that it’s wrong and that it’s against our moral standards,” said Marquez.
“What we would rather do is make bigger steps in terms of public awareness. We are meeting with our stakeholders, not just retailers and exporters/importers, but also people involved in media (content creators, gamers, movie and music producers, among others) to try to find out exactly what the state of their industries are,” he said. “We’re also looking at what other countries are doing. Korea is one of the best in terms of censorship and piracy law.” INQ