ASC Manual of Procedures
ASC Manual of Procedures
Standards Council
Manual of Procedures
Guidelines on Screening and Disputes
ASC – 2008
ASC MANUAL OF PROCEDURES
Table of Contents
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a. Translations 19
b. Direct Lifts 19
c. Revisions 20
d. Editdown/Edit up 20
e. Derivatives 20
Section 6. Screening by Professional Screeners (S-1) 20
Decisions by Professional Screeners
a. Approved for Production 20
b. Approved for Production with Caution 20
c. Disapproved 21
d. Refer to Panel 21
e. Incomplete 22
Section 7. Review by a Screening Panel
7.1 Scheduling of Screening Panel Presentations 22
7.2 Presentation Proper 23
7.3 Decisions by Screening Panel
a. Approved for Production 23
b. Approved for Production with Caution 23
c. Disapproved 24
Section 8. Clearance for Airing 24
Section 9. Reversal of Clearance for Production and Clearance to Air
By a Screening Panel or a Professional Screener 26
Section 10. Documentation of Screening Decisions
10.1 Approval at Screening Level 26
10.2 Validity of Approval of Production 26
10.3 Clearance for Airing/Publication/Display 26
10.4 Validity of Clearance for Airing/Publication/Display 27
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Section 6. Resource Persons 33
Section 7. Technical Evidence 34
Section 9. Decision of the Hearing Panel 34
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List of Annexes
1. Schedule of Activities 41
2. Pre-requisite documents 42
3. Guidelines on materials with exposure of human/body parts 43
4. ASC Fees 44
5. ASC Penalties 45 - 47
6. List of COIs 48
7. ASC Organizational chart 49
8. Screening Process (flow chart) 50
9. Screening Panel Review (flowchart) 51
10. Motion for Reconsideration on Disapproval of 3-man
Screening Panel (flowchart) 52
11. Appeal on Disapproval of a 5-man Screening Panel
with NEW evidence (flowchart) 53
12. Hearing Process (flow chart)
13. Request for Reconsideration on a
Hearing Panel’s decision (flow chart) 54
14. Post-Screening Process (flow chart) 55
15. Technical Cases (flow chart) 56
16. Post-Screening Process (flowchart) 57
17. ASC Forms
• Application for Screening form (S-1) 58
• Application for Clearance for Airing/Publication/Display (S-2) 60
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Rule I. Statement of General Principles
The overriding principles that guide the voluntary adoption of the ASC rules to which all
members subscribe are:
In the interest of dynamism, continued relevance and service to the industry, the ASC
rules are updated from time to time by competent and seasoned practitioners belonging to
the three sectors and subject to the ASC policies.
The ASC is primarily concerned with advertising content and its implications, not on
intent, in reviewing the merits of a material or case.
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Section 3. Materials Covered by the Rules
(a) “Advertisements” means the form through which the advertising information
is disseminated, which includes but not limited to print, broadcast and cinemas,
billboard and out-of-home materials, merchandising and point-of-sale materials,
internet and mobile ads. Advertisements, whether foreign-produced or canned,
locally-produced, station-produced, branded, corporate or organizational,
national, local, advocacy-related, are covered by the ASC Rules.
3.2.1. Broadcast Materials are ads that are shown or aired on television, whether
free-to-air, cable or subscription TV, or radio, whether national or local.
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geographical area such as a province, city or town and outside of
MegaManila. These are post-screened.
Such exceptions are screened by the ASC prior to airing, publication and
display in a medium.
3.2.2. Cinema ads are those specifically produced for airing or exhibition
in theaters.
Cinema ads are treated like broadcast materials when dealing with CDOs
and other sanctions.
3.2.3. Print ads are those that are published in broadsheets, tabloids magazines,
journals and other publications, whether national or local in circulation.
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3.2.5. Merchandising, Point-of-Sale (PoS) or Point-of-Purchase (PoPs) materials
include banners, streamers, posters, shelf talkers, wobblers, tent cards, price
cards, flyers, headers, inserts, brochures and other in-store or on-premise
materials that are directed to consumers and/or the general public.
3.2.6. Internet and mobile advertisements include SMS, MMS, e-blast, opt-in,
opt-out, spam messages, broadcast messaging service and other similar
promotional ads except corporate websites.
The ASC rules on ad materials covered for internet and mobile marketing are aligned
with the industry association involved in this advertising medium.
In general, internet & mobile advertisements shall be subject to post-screening except for
the cases stated under Section 3.3.
3.3 All ads with the following themes or classification shall be subject to pre-screening.
Thus, print ads, merchandising materials and internet ads which are generally post-
screened, are required to be pre-screened if they have the following theme or
classification:
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of political advertising is to gain the confidence of the people for their
acceptance of ideas and, in the case of political campaign advertising,
to influence their vote.
Section 5. Confidentiality
5.1. Advertisements under review in all procedures and deliberations thereon are
strictly confidential. The obligation of confidentiality shall cover the parties, the
ASC panelists, the presenters, the materials sent to ASC, the support presented by
the parties, the deliberations, the voting of the ASC Panelists, and any related
information.
5.2. The privilege of confidentiality on the advertising materials being screened shall
subsist up to the time that the advertisements are actually aired/published/
displayed; or up to the time that the parties are advised of the decision.
5.3. The privilege of confidentiality on the support, deliberations, voting and any
related information shall not expire.
5.4. All parties and panelists involved in all the procedures shall keep the foregoing
information confidential. They shall sign a Pledge of Confidentiality to bind the
parties in writing and to additionally ensure the confidentiality of the information.
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Section 6. Conflicts of Interest (COI)
An ASC Panelist or a Professional Screener who has conflict of interest shall inhibit
himself from participating in any panel or other procedure that involves the discussion of
the merits of the advertisement of the product or service.
Cases handled by the Technical Committee are procedural in nature and, as such, the COI
should not be an issue and the COI rules shall not be applicable to the Technical
Committee members. However, a Technical Committee member may decide to inhibit
himself or herself when deciding on procedural issues involving a product, brand, service
or account he or she handles or owns.
Any reasonable doubt shall be resolved in favor of the party who raises the COI issue.
Section 7. Timing
The ASC recognizes that in advertising issues, time is of the essence. Thus, the ASC shall
give paramount consideration to the timing needs of its customers.
Section 8. Courtesy
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Section 9. Principle of Interpretation
In case of doubt or in the absence of a specific rule that squarely addresses an issue, the
ASC Rules shall be liberally interpreted to meet the objective of securing a fair and
speedy resolution of an issue or concern.
The composition of the ASC Panelists is based on the principle of equal representation
from among the three (3) advertising sectors: the Advertiser, the Advertising Agency and
the Media.
1. An ASC Panelist may serve as Presenter for any screening session or in any hearing
or appeal session except for the ASC Chairman, ASC President and the ASC
Technical Committee Chairman.
2. The ASC General Manager and Executive Directors (EDs) of the industry
associations may not serve as ASC panelists to avoid any perceived bias or undue
influence on an ASC case. However, the ASC General Manager may sit-in as an
observer or be called on as a resource person for any case at any time by a Panel or
by the Technical Committee.
3. An ASC Panelist who chaired the Screening Panel for a case that is elevated to the 5-
person Screening Panel may sit in the screening for the said case, participate in the
process and deliberations but he or she may not vote. If he or she cannot attend, he
or she may designate a panelist who was present during the original screening or
hearing session.
The Professional Screeners’ main function is the first line screening of all advertisements
submitted for approval, whether these ads are with or without claims.
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In general, the Professional Screeners shall exercise executive judgment in the screening
and review of advertisements. They are also encouraged to consult other Professional
Screeners during screening of new materials presented to them.
A Professional Screener shall refer applications for screening of a Screening Panel under
the following conditions:
a. Ads with claims that may create potential questions or controversy under specific
provisions of the ASC Code of Ethics;
b. Claims of ads may have possible conflict with previous ASC decisions
c. Advertiser/Ad Agency requests to appeal the Professional Screener’s disapproval
on a material.
A quorum shall consist of three (3) ASC Panelists, representing at least two (2) of the
three (3) sectors, during a session.
Only in cases of extreme emergency or in the absence of a quorum due to last minute
cancellation can a Professional Screener be allowed as a member of the Screening Panel.
In such cases, he or she must not have a COI on the materials and must not be the
Professional Screener who originally reviewed the material in question to the Screening
Panel. The Advertiser/Ad Agency whose material is being screened must be duly
informed that the Professional Screener has been called on as the third member of the
Screening Panel.
A Presiding Officer (“PO”) shall be designated by the members of the Screening Panel
en banc. The Professional Screener cannot serve as PO of any Screening Panel.
The PO shall lead the discussions and deliberations during the session, ensuring that the
session is properly conducted, the provisions and potential violations are tackled correctly
and a clear decision is reached. He or she breaks the tie on decisions when necessary and
signs the required documents and commentary sheets along with the other members of
the Screening Panel.
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Professional Screeners, technical experts or other practitioners outside of the sectoral
representation within the ASC, whose expertise and advice may be sought in screening
particular advertising materials, may be invited to participate as resource persons in the
Screening sessions. However, the resource persons shall not participate in the voting.
A quorum shall consist of five (5) ASC Panelists, provided that at least two (2) of the
three (3) sectors are represented. Only ASC panelists can sit as members of the Hearing
Panel or a Panel convened for a Motion for Reconsideration.
A Presiding Officer (“PO”) shall be designated by the members of the Hearing Panel en
banc.
The PO shall lead the discussions and deliberations of the Hearing session, ensuring that
the session is properly conducted. He or she shall ensure that all provisions being
complained on are tackled well and in an organized manner and that a clear decision is
reached by the Panel. He or she breaks the tie on decisions when necessary, reviews and
signs the formal decision given to the Complainant and Defendant. He/she may also be
called on as a resource person for a Motion for Reconsideration session, Technical
Committee session, or whenever necessary.
An ASC Appeal Panel composed of three (3) ASC Panelists is convened when an
Advertiser/Ad Agency files an appeal on the disapproval by a Professional Screener.
This Appeal Panel acts as a Screening Panel and follows the same rules and procedures
of the Screening Panel; however, discussions on the material shall be limited to the
specific claims, copy, visual, elements disapproved by the Professional Screener
and being appealed by the Advertiser/Ad Agency. The Advertiser/Ad Agency may
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present either the existing or any new substantiation or evidence to support the claim(s) in
question.
An ASC Appeal Panel composed of five (5) ASC Panelists is convened when an
Advertiser/Ad Agency files an appeal on the disapproval by a 3-man Screening Panel.
This Appeal Panel acts as a Screening Panel and follows the same rules and procedures
of the Screening Panel; however, discussions on the material shall be limited to the
specific claims, copy, visual, elements disapproved by the original Screening Panel
and being appealed by the Advertiser/Ad Agency. The Advertiser/Ad Agency may
present either the existing or any new substantiation or evidence to support the claim(s) in
question.
The decision of the 5-man Appeal Panel is deemed final unless new substantiation or data
is presented. In this case, a new 5-man Appeal Panel shall be convened upon application
of the appeal together with the new substantiation.
An Appeal Panel composed of five (5) ASC Panelists is convened when an Advertiser or
Ad Agency files an appeal on the decision of the Hearing Panel, provided that the
requesting party/appellant presents new substantiation on the same provisions and copy,
claims, visuals, elements originally complained on.
The Appeal Panel follows the follows the rules and procedures of the Hearing Panel;
however, the TechCom, only in case of reasonable doubt, must first determine if the
appellant’s evidence has not been previously presented to the ASC.
The TechCom shall consist of a Chairman and at least five (5) members of the ASC.
They are senior or seasoned practitioners in the industry who serve as ASC panelists.
Quorum shall be majority with at least two (2) sectors represented.
The three (3) sectors shall be represented in the TechCom. The TechCom Chairman and
members are appointed by the ASC Board.
The ASC Chairman sits as ex-officio member of the ASC Technical Committee during
its meetings. He or she cannot vote on any of the TechCom cases.
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The TechCom shall formulate and recommend policies and rules governing
advertisements to the ASC Board for approval.
All issues on policies, rules, regulations, procedures and their interpretations or concerns
arising from technical matters or procedures are referred to the TechCom. Examples of
such issues are compliances with CDO, questions on prescription period of complaints,
penalties for violations, etc.
The ASC recognizes that time is of the essence, thus, it prioritizes the resolution of
TechCom cases.
1. The General Manager shall elevate to the TechComm complaint that are patently
violative of the Laws of the Land, and/or the ASC Code of Ethics. The GM may
issue the Cease and Desist Order on the material being complaint in consultation
with the Tech.Com if such complaint is deemed patently violative of the Laws of
the Land, and/or the ASC Code of Ethics. E.g., absence of generic name,
mandatory tags, and other similar violations.
2. The Presiding Officer of the Screening or Hearing Panel shall elevate to the
TechCom those issues arising from the Screening and/or Hearing Panel that are
technical or procedural in nature.
3. The technical or procedural issue should be resolved first before the merits of the
case can be heard or when the material is likely to conflict with decisions that are
currently enforced. In such case, the decision shall be withheld until the technical
issue is resolved. The TechCom shall decide on the issue within three (3)
workdays from the time that it was elevated to it.
The TechCom may recommend on specific cases to the ASC Board for approval. These
cases involve those with potentially serious implications, widespread sensitivity or
controversy.
The TechCom may also elevate specific cases of grave or widespread importance or
implications directly to the ASC Board for their perusal and decision.
1.1 Advertiser /Ad Agency or Advertiser’s official representative obtains the ASC
application form (S-1) from the ASC office or he or she may download the form
from (ASC website). Each material correspondent to one S-1 form.
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1.2. Advertisers/Ad Agency must fill up the complete information required on the S-1
form.
1.3 Advertiser/Ad Agency must attach all pertinent support documents together with
the application form and submit these to the ASC staff.
1.4 ASC Staff encodes the information contained in the submitted form and assigns
the Reference Code number for each application.
1.5 Advertiser/Ad Agency pays the corresponding screening fees upon validation of
the application.
1.6 Procedures for Interstitials, TV and radio buys such as sponsorships, segments or
portion buys, casual plugs and similar ads, whether live or pre-taped or pre-
recorded.
The applicant shall make available information, materials or documents to facilitate the
screening or review of the ad.
The following examples should guide but are not an exclusive enumeration of acceptable
support. Acceptability may depend on the claims of the material being screened and on
the discretion of the Professional Screener or the Screening Panel.
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official. Documents signed by persons directly
involved in the development of advertising of the
brand, product or service are not acceptable e.g.,
Brand Managers, Advertising Managers.
2. Testimonial claim that does Documents, affidavits, certifications of actual
not relate to product performance product or service use or preference by the person
making the endorsement or testimonial
3. Testimonial claims which Published researches, clinical studies and other data
relate to own product supporting the product’s claimed benefits.
performance
4. All other claims Support documents from an acceptable and reliable
independent third party or any other source deemed
acceptable by the Professional Screener or Screening
Panel.
Applicants must submit copy of product packaging or label as support and for reference
purpose.
Product samples shall be given for screening application purposes, but shall be returned
after use in screening the ad.
2. Radio Ads
Radio scripts shall be submitted on letter size or A4 size white paper with
Arial font size of at least 12 point.
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a) Print compre must be clear, full color and shall be printed on letter
size or A4 white paper or actual size
b) Compre of merchandising materials must be in clear, full color and
printed on letter size or A4 white paper.
c) Copy must be clearly printed and be readable.
d) The compre must have space for at least 8pt. Arial font for ASC
reference code.
5.1. The following versions of previously approved ads shall be submitted to the ASC for
screening. The previously approved ad should be presented for reference.
a. Translations
b. Direct Lifts
c. Revisions
d. Edit-downs/Edit-up
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e. Derivatives
1. ASC Ad Specialist assesses the documents attached to the S-1 form and submits
the application to the Professional Screeners.
This is given to a material when copy and visual claims are adequately
substantiated by Advertiser/Ad Agency. With this approval, Advertiser/Ad
Agency may proceed to actual production, recording, printing.
This is given to a material when copy and visual claims are adequately
substantiated but a specific visual, copy, claim or its tone/mood/theme is
sensitive and potentially controversial in nature. The material may proceed
to actual production, recording or printing but a reminder on care and
sensitivity in the execution of the material is given.
c. Disapproved
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This is given to a material containing copy, claim, visual or elements that
are clearly violative of ASC Standards of Advertising. The material is
therefore denied permission to proceed to production, unless the violative
elements are addressed by the Advertiser/Ad Agency.
d. Refer to Panel
This is given when the Professional Screener deems that the content of the
ad requires a Screening Panel’s review, such as, but not limited to the
following conditions:
Once the material is referred to the Screening Panel, the Panel has the
prerogative to raise issues or question copy, claim, elements in the
material outside those submitted by the Professional Screeners.
d. Incomplete
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This means Approved for Production but Clearance to Air shall be subject
to submission of pre-requisite government agency approvals, e.g. BFAD
CPR (or its equivalent), DOLE permit, DTI permit, BSP Approval, CAB
Clearance, NHI Clearance, etc.
This is given only when pre-requisite documents of the material are not
available at the time of screening by a Professional Screener. These
documents however must be submitted within three (3) working days from
the date of the application. At the end of the third working day, the
INCOMPLETE application shall automatically be a DISAPPROVED
decision, without further notice to the advertiser/ad agency.
The Screening Panel may question any element in the material under review even if not
raised by the Professional Screener.
Advertisements that require Screening Panel’s review are scheduled as soon as possible
after the Professional Screener’s assessment, unless there are technical issues involved.
Advertiser/Advertising Agency shall be notified via e-mail or fax or telephone of their
schedule.
Request for postponement of the session must be made officially and in writing at least
one (1) day before the scheduled presentation. The presenter(s) can only postpone the
screening panel for a particular ad once.
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7.2. Presentation Proper
Presentation materials shall be submitted in five (5) copies (same as Screening Materials
specification). Advertiser/Ad Agency must inform the ASC secretariat should there be
requirement for multi-media projector, DVD, etc. prior to the scheduled presentation.
Screening Panel shall review only the materials that are referred by the Professional
Screeners. If the Advertiser/Ad Agency decide to present a revised board/script/lay-out
prior to presentation to the Screening Panel, the material shall be deemed as a new
material and shall go through a new application.
After the presentation, the Screening Panel shall deliberate on compliance with the Code
and shall render one of the following decisions:
This is given to a material that has visuals or copy claims that may be
controversial or sensitive in nature. However, Advertiser/Ad Agency can
proceed to production of the material.
e. Disapproved
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i. Immediately present an alternative copy or revision(s) on-the-spot to
address the Panel’s concerns. If the revision(s) is/are acceptable, the
Panel may approve the material during the same session.
ii. Revise the material to address the Panel’s issues and then apply for
screening of new material. However, only the revised portion, the issues
raised, and impact of the revision on the rest of the material, if any, shall
be reviewed by the Screener. The approval on the rest of the material by
the previous Panel shall be upheld. The Advertising Specialist shall
properly annotate on the Screening sheet to guide the subsequent Panel.
7.3.1. Generally, the Screening Panel shall render their decisions by the end of the
screening session. Should the Panel be unable to render its decision at the end of the
session due to procedural, technical or any other concern, the Panel shall exert all efforts
to render a decision and officially communicate this to the Advertiser/Ad Agency within
two (2) working days from the date of the completion of the clarification of the technical
substantiation.
8.1 The Advertiser/Ad Agency shall submit the final and produced material to the
ASC Receiving Staff.
8.2 TVCs and RCs must be submitted in digital format (preferably high-res to be able
to appreciate the qualifiers in fine print) and must be properly labeled with a sticker or
marked, indicating the Reference Code, brand name, ad title and company, for easier
retrieval of applications.
8.3 The Ad Specialist reviews the final produced material vis-à-vis the approved
storyboard/script/lay-out.
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8.4 After viewing the produced material, decision shall be any one of the following:
This is given when the final produced material submitted to the ASC is
faithful to the approved storyboard/script/compre or lay-out. The
Clearance for Airing is issued.
b. Disapproved
This is given when the final and produced material submitted for viewing
contains elements that were disapproved by the Professional Screener or
the Screening Panel or when the final and produced material is not faithful
to the approved storyboard/script/compre or lay-out without prior notice
and substantially or materially affects the copy, claims, visuals of the ad.
The revisions or elements added to the final and produced material
requires a new application.
8.5 If the final and produced material and approved material are not the same, the
Advertisers/Advertising Agency must advise the ASC officially and in writing of the
changes made 3 days prior to submission of the final and produced material. This shall be
forwarded to the Professional Screener for assessment whether the changes are minor or
materially/substantially affect the copy, claims, visuals thereby requiring re-application.
8.6. Failure to submit notice of changes prior to review of the final produced material
shall result in non-issuance of Clearance to Air. The material must then be re-applied,
with the corresponding screening fees.
8.7 The Professional Screener shall issue the Clearance for airing upon determining
that the requirements on the comment sheets are sufficiently complied with.
8.8 No Clearance for Airing number shall be given in advance or released by the ASC
to the representative(s) of the Advertiser/Agency verbally, over the phone or through fax.
Advertiser/Ad Agency’s authorized representative(s) must pick up their Clearance for
Airing.
A Screening Panel or Professional Screener may reverse its/his/her decision after release
of the Clearance to Air based on any of the following:
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b. Procedural issue or error, in which case, the material shall be referred to
the TechCom Chairman or, in his absence, a member of the TechCom for
decision. When necessary or when the issue is highly complex, the
TechCom shall deliberate and render a decision within 48 hours.
The Advertiser/Ad Agency must be informed officially and in writing of the Recall of the
Clearance, clearly stating the reasons for the reversal of the ASC decision. If airing
already, the rules on Cease and Desist Order shall apply.
An approval is exclusive to the material that has been given an Approval for Production,
or Clearance for Airing/Publication/Display. Any revision or alteration of the ad shall be
re-applied for screening.
This is the formal stamp of approval duly signed by the Professional Screener or by the
Presiding Officer (“PO”) of the Screening Panel, reflecting the decision(s) affecting the
material in the comment sheet. The storyboard/script with the stamped of approval shall
be issued to the applicant.
The validity of the Approval for Production is valid for twelve (12) months. Clearance to
Air/Publication/Display must be applied for within this period of validity.
Beyond the validity period, the ads shall be re-applied for new Approval for Production
with the corresponding fees. Since the approval for the ad is no longer valid, the content
of the re-applied ad material may be questioned again and treated as new material. The
Presenter shall be ready with the documentations which may be required, if any.
This is the formal pre-numbered Clearance to Air issued by the Professional Screener or
the ASC General Manager for materials approved in the final and produced form.
The audio of any approved TVC cannot be used as a radio advertising material, print
copy, OOH or merchandising materials copy without approval of, and Clearance to
Air/Publication/Display from, the ASC.
All media companies shall strictly follow a “No ASC Clearance for Airing, No
Airing/Publication/Installation” policy.
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In case the authorized signatories are unavailable, any ASC Panelist may be called on to
act on his or her behalf. This rule applies to all approval during the screening process.
In general, Clearance to Air/Publication/Display is valid for three (3) years from the date
of approval of the storyboard or script or print lay-out. However, validity of Clearance to
Air/Publication/Display depends on the documents submitted as supporting data, such as
validity of CPR, promo permits, etc. whichever is earlier.
a. With “No. 1” claim : One (1) year from the date of the validity of the
substantiation unless shorter period is required by certain industry and/or a valid
updated information refuting the ranking claim is submitted at any time within the
validity period.
b. With “New”, “Improved” or similar claim : One (1) year from the date the
product was launched/pipelined in the market.
In case of extended duration of sales promo materials, the material announcing the
extension shall be applied anew for Screening and Clearance to Air/Publication/Display.
Complaints between two parties may involve disputes on advertising content and/or
procedures related to decisions on advertising content.
Complaints and disputes on ads are settled or resolved by a Hearing Panel composed of
five (5) ASC Panelists.
The following complaints involving ad content may be filed with the ASC:
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The complaint must clearly pertain to a violation of the ASC Advertising
Standards Code.
Complaints received from such parties shall be evaluated by the ASC General
Manager, ASC Legal Counsel and one (1) member of the ExCom and who shall
recommend action to the ASC Board.
2.1. Form
A Party shall file a complaint or Appeal in writing, addressed to the ASC General
Manager.
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ii. For Print Advertisement
1. Identify the date the ad was shown and the name and
location of the movie theater where the ad was monitored.
2. The Complainant shall provide a photoboard and any proof
of exhibition of the ad in question.
The ASC shall not entertain and accept complaints via telephone, text, or word-of-mouth
from consumers or the general public.
c. As with a regular complaint, the ASC shall forward a copy of the letter to
the Advertiser concerned.
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Whenever necessary, the ASC Legal Counsel shall also be present.
e. Action by the panel may be: send to Advertiser for voluntary action;
dismiss the complaint with notice to complainant and advertiser/ad
agency; or other recommendation, which must follow the ASC
procedures.
2.2. Substance
a. The Complainant shall cite the specific copy lines, claims, slogans, visuals
or elements being complained on and the specific provisions in the Code
of Ethics that are allegedly violated.
b. The complainant shall explain in a precise manner the rationale for each
provision in order that ASC shall be sufficiently aided in determining the
issues involved and giving due notice to the defendant of the alleged
violation.
c. If the letter of Complaint filed does not clearly state these items, then the
ASC General Manager shall return the letter to the Complainant. The
hearing of the case shall not be scheduled.
d. The defendant may also request for a letter of particulars if it finds the
complaint vague. In this case, the ASC General Manager shall decide
whether a letter of particulars is in order. Otherwise, the complaint shall
proceed as originally filed.
e. Issues and provisions that are not covered in the complaint may not be
brought up during the hearing of the case.
The complaint shall be filed in at least eight (8) copies. The prescribed fee is charged
prior to the hearing. Only when paid and if prescription period has not expired, shall the
complaint be deemed as officially filed.
No addendum complaint shall be accepted once the complaint has been officially filed.
A separate complaint shall be filed for additional issues.
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If a material has been previously screened by the ASC, the burden of proof is on the
Complainant to overturn the approval of the ASC.
b. Filing fee for complaint filed past the prescription period shall not be
refunded.
2.6. Monitoring
3.1. Any Party who lost in a complaint or Agency/Advertiser’s whose material(s) were
disapproved by a 5-man Screening Panel may file an Appeal on the basis of new
evidence.
New evidence is evidence that was not presented to the original Hearing Panel.
As with regular complaints, the Appellant must provide the rationale for believing
the original decision of the Hearing Panel may be overturned due to this new
evidence.
The Hearing Panel shall be a 5-man Panel, with maximum of two (2) members
belonging from the original Hearing Panel.
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3.2 The new evidence must be submitted together with the letter requesting for
Appeal. When necessary, the TechCom shall decide whether or not the evidence
is new and has not been previously presented to the Hearing Panel.
4.1 Upon receipt of a written complaint appeal, and the relevant documents or
requirements for the case, the ASC shall schedule a hearing within seven (7) workdays.
4.2. Each party may postpone the scheduled hearing only once. The new schedule
shall be within 5 workdays from the original hearing date. See exception on
postponement below under Section 5.5. Provided that for complaints on broadcast
materials involving sales promotional of brands, products, or services, the hearing will be
scheduled within 7 working days. There is no postponement given to both parties due to
the nature of this material.
4.3 Request for postponement must be made officially and in writing within two (2)
workdays from receipt of notice of hearing.
4.4 The ASC may postpone a scheduled hearing if the required quorum is not
convened. In such case, the new schedule shall be given priority and shall be within five
(5) workdays from the original date of hearing.
Failure of any party to appear within 30 minutes of the scheduled hearing shall
constitute non-appearance.
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Non-appearance by the complainant/appellant shall be cause for dismissal of the
complaint/appeal.
The Panel shall proceed to review the case and decide based on the merits of the
case.
All presentation materials shall be returned to the presenters and one (1) set shall
be filed with the ASC.
If the Panel agrees that it further needs to understand and appreciate the evidence
presented and requires more in-depth information on the matters of the case, it may defer
its decision on the case.
The Panel may re-convene and invite technical experts, trade professionals, consumer
group, etc. to render expert opinion on a case. If reviewed previously by a Screening
Panel or a Professional Screener, the Chairman of the Screening Panel or the Professional
Screener may be invited to provide his perspective on the previous decision. The invited
participants shall not vote.
The Panel however must render a decision within three (3) workdays after reconvening.
For claims using research, the methodology of one research study shall be examined in
terms of extensiveness of coverage, sample size, validity, integrity of the questionnaire,
relevance of the protocol, etc. and compared with the other.
The Panel shall exert all efforts to appreciate the evidence presented and submitted by
both parties.
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Section 8. The Decision of the Hearing Panel
8.1 The Hearing Panel shall exert best efforts to render a decision within three (3)
workdays after the hearing is terminated. If such decision cannot be rendered yet,
the ASC , through the General Manager , shall duly inform the Advertiser/Ad
Agency.
8.2 The Parties shall be notified of the official decision in writing within 2 workdays
from its issuance. Copies of the decision letter shall be given to the Advertiser
and the Ad Agency.
8.3 The decision letter, drafted by the GM and reviewed and signed by the PO shall
clearly cite the Panel’s decision on each complaint point, whether it is valid or not
valid, and shall explain the reason for the decision without divulging the specific
evidence presented by a Party. When a decision is based on a published medical
literature or source must be cited in the decision letter.
8.4 When any of the complaints stated in the letter is found to be valid, the ASC
issues a Cease-and-Desist Order (CDO) on the said material.
8.5 No CDO is issued when the Panel finds that no complaint point stated in the letter
is valid.
Post-screened materials are treated as being screened for the first time.
Post screening shall be conducted by three (3) ASC Panelists, with at least 2 sectors
represented. The panel shall designate a PO.
Section 2: Procedures
2.1 The complainant shall pay post-screening fees and shall be present to
substantiate its complaint.
2.2 Schedule for the post-screening of ads shall be prioritized. The ASC shall
exert best efforts to schedule the post-screening within three (3) workdays from
receipt of the official complaint.
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2.3 There shall be no postponement of a post-screening session.
2.4 The panel may question any copy, claim, visual, slogan even if it was not
included in the complaint letter.
The decision shall be issued within three (3) workdays and signed by the PO. The
decision shall either be that the:
a. Material is Disapproved.
Failure to substantiate the claim(s) in the complaint letter or the claims, copy,
visual, element questioned by the Panel during the post-screening shall result in
the issuance of a Cease-and-Desist Order (CDO). The media sector shall
immediately be informed of the CDO.
The Panel found the complaint not valid and all other issues raised by the Panel
were satisfactorily substantiated by the Advertiser/Ad Agency. No CDO is issued.
Advertiser/Ad Agency may file a complaint or inquiry with the ASC Technical
Committee on procedural or technical issues arising from cases involving advertising
content.
a. The Advertiser/Ad Agency files the letter addressed to the ASC General
Manager who shall be ensure that the TechCom decide on the merits of
the case.
b. The letter must state the procedure being questioned or, in some cases,
procedures being complained on (e.g., monitoring of banned material),
rationale and other relevant information. The letter must include the
evidence, photographs, reports, and other documentation as necessary.
c. The TechCom decides whether the complaint is valid or not valid,
including corresponding penalties or sanction where applicable.
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d. The TechCom may call on resource persons such as the Professional
Screeners, Screening or Hearing Panel P.O.s or other technical persons to
provide better understanding of a case.
e. There is no prescription period for filing complaints or inquiries involving
procedures affecting an ad.
f. The hearing of technical or procedural cases involving materials that were
post-screened or involving promotional ads of brands, products, services
shall be given priority.
TechCom cases that involve highly complex issues or industry-wide concerns shall
recommend an action to the ASC Board.
a. The TechCom shall decide within three (3) days from receipt of the
request for clarification, after which, there shall be a presumption that the claim,
copy-line, visual or slogan is not the same until the TechCom. issues a decision.
b. During the period of presumption, parties shall observe the status quo and
the Advertiser or Advertising Agency shall be deemed in good faith and thus shall
not be penalized.
If an advertisement must be discontinued from airing, the ASC may either issue a CDO
or Recall Clearance to Air/Publish/Display.
Ads containing any element that has any reference to a material on CDO status shall not
be subjected to screening unless the elements in question are removed from the material.
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If a revised material, pre-screened by ASC, continues to contain an element which has
been CDO’d, a new CDO shall take effect immediately upon receipt of the concerned
media sector.
In general, the CDO is in immediate effect from receipt of the CDO by the Advertiser
and/or Ad Agency when:
The Advertiser/Ad Agency shall submit a compliance report on the CDO’d material
within five (5) workdays from receipt of the CDO notice.
a. The compliance report shall contain the details of the CDO’d materials
(e.g., type of materials, coverage, distribution, quantities involved, pull-
out schedule, reports, etc) and shall be regularly updated until substantial
compliance on the CDO’d material has been implemented or reached.
1.1 When Print and OOH materials which are covered by pre-screening
guidelines have been discovered without the proper ASC Clearance
through a complaint or ASC monitoring, the CDO takes effect
immediately upon receipt of the CDO notice by the Advertiser/Ad
Agency. The corresponding penalty for publication/display without Proper
ASC Clearance shall be imposed upon determination of the infraction.
1.2 When print ads are found to be violative of ASC Advertising Standards
Code, the CDO takes effect immediately upon receipt of the CDO by the
Advertiser/Ad Agency (these are the post-screened and complained).
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a. Advertisers/Advertising Agencies whose print/collateral material has been
issued a Cease and Desist Order by the ASC must advise the Secretariat,
in writing within one (1) working day upon receipt of the formal decision,
of any advance placement that are no longer cancelable.
For any broadcast (TV, radio) and cinema ads, when complained and issued a Cease and
Desist Order (CDO), the effective date is seven (7) calendar days from receipt of Order
by the media association concerned.
3. Out-of-Home Ads
For all billboards or similar types, previously approved by the ASC prior to its
display or installation but found to be in violation of the ASC Code of Ethics after
a Case Hearing brought by a complaint, effective date of the CDO will be Seven
(7) calendar days from receipt of the CDO notice by the Advertiser/Ad Agency.
b. Street Furniture / Fixtures & Transit Ads (lamp post banners, bus, MRT/Train,
building, airplane)
For street furniture and transit ads not previously approved by the ASC, effective
date of the CDO is ten (10) calendar days from receipt of the CDO notice by
the Advertiser/Ad Agency.
For merchandising materials, PoS, PoPs (e.g., posters and collaterals) CDO’d due to
violation of the ASC Code of Ethics after a post-screening and/or case hearing brought
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by a complaint, the material must be pulled out within thirty (30) calendar days from
receipt of the CDO notice by the Advertiser/Ad Agency.
1. The 1st Offense Penalty may be imposed when CDO’d materials are monitored as
being displayed on the day after the last day of pull-out period as indicated above.
31st day upon receipt of the CDO notice by the Advertiser and/or Advertising
Agency or Advertiser’s official representative.
2. The 2nd Offense Penalty may be imposed when CDO’d materials are monitored
as being displayed on the 15th day after the 1st Offense Penalty has been imposed
and such notice of violation was received by the Advertiser and/or Advertising
Agency or Advertiser’s official representative.
3. The 3rd Offense penalty may be imposed when a CDO’d materials are monitored
displayed 7th day after the 2nd Offense penalty has been imposed and such notice of
violation was received by the Advertiser and/or Advertising Agency or its official
representative.
The TechCom shall prioritize CDO sanction cases. In case of unavoidable delay on
the part of TechCom to decide or in the absence of an applicable rule, the TechCom
shall have discretion to issue the penalty that is fair under the circumstances.
The ASC shall continue to cooperate and assist in the implementation of CDOs issued by
government agencies (e.g., BFAD, DOH, DOA, DTI, etc) on a voluntary basis.
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The ASC shall implement its corresponding CDO effective immediately for products or
brands issued a CDO by a government agency or office and with materials currently on
air or being published or displayed.
The ACS shall be issue a Recall of Clearance to air due to any of the following :
1. Government agency ruling
2. Violation of the Law of the Land
3. Reasons of technicality upon the determination of the TechCom
4. Widespread concern on public safety or sensitivity
For reasons of technicality, the ASC shall give due process to the Advertiser/Ad Agency
being complained on prior to the issuance of the RCA.
The ASC TechCom, through the ASC General Manager, shall notify the Advertiser/Ad
Agency of the recall, the complaint and rationale for the recall.
The ASC may also invite the Advertiser/Ad Agency to respond to the complaint. The
RCA shall be issued after review of the TechCom of the case and issues.
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Annex 1. Schedule of Activities
2. Screening and Hearing Panels shall be held 1pm to 2.30 pm, Mondays to Fridays,
or as necessary. This includes the post-screening sessions and sessions involving a
Motion for Reconsideration or appeal.
4. Application for Screening are accepted from 9am – 12nn Mondays to Fridays.
Application/s submitted within the stipulated time will be processed on the day it
is submitted. Clearance for Airing/Publication/Display will be issued the
following working day after it was submitted.
5. A Special Screening session that involves the review of the final produced
material shall be held from 9am to 2pm on Saturdays or non-working holidays
except Sundays, Christmas, New Year, Holy Week, and non-working days due to
a calamity, national security or other unsafe conditions. This session is convened
only upon the request of the Advertiser/Ad Agency.
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Annex 2. Pre-requisites documents
It is recommended that the following documents must be submitted together with the
application for Approval for Production to avoid delay in the issuance of Clearance to
Air.
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Annex 3. Guidelines on materials with exposure of human body/parts, sexy
tones, similar subject or execution.
Primordial principle is that advertisements should not be offensive to the public based on
current and/or nationally accepted standards of decency.
c. Total nudity is not allowed when the whole body or the whole torso is
shown, especially when features of the anatomy (breasts, crotch, buttocks)
are prominent and can be easily seen. A nude person from a distance can
be allowed as long as body features cannot be recognized. An infant
without clothes can be allowed as long as genital areas are not shown.
iii. A man and woman whether fully clothed, partially clothed or nude
in a pose simulating sexual intercourse should not be allowed.
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Annex 4. ASC Fees
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Annex 5. Penalties
The Advertiser has the final and utmost responsibility forany advertising material,
regardless of the medium it appears. And therefore has responsibility
Offense Penalty
Airing/publication/installation 1st offense – P50,000.00
or display without proper Non-payment of penalties shall result to non-screening
ASC clearance of the product concerned.
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Certification or Fabrication of materials over the product for six (6) months plus CDO,
Evidence effective immediately on the material concerned. (or an
equivalent of P800,000 in lieu of the non-screening
sanction).
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Cancellation of a scheduled Fine of P3,000.00
screening or hearing panel on
or in less than 24 hours before
the scheduled date of
screening/hearing
No-show for a Screening or 100% Non-refund of fees plus a fine of P5,000.00
Hearing Panel
No-Show during a Special 100% non-refund of screening fees plus P3,000.00 fine
Screening Session
For every 3 times no-show P 10,000.00 plus non-screening of the specific brand
for Screening or Hearing variant for three (3) months
Panel (without any notice)
Publication of a print ad that Fine of P15,000.00
is revised to circumvent a
CDO but continues to contain
an element in violation of the
Code of Ethics for which the
CDO was issued in the first
place.
Concerns or questionable
elements or shall be raised to
the TechCom for
determination on whether it
continues to violate the Code
of Ethics. Otherwise, the
presumption shall be that it
was published in bad faith.
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Annex 6. List of Conflict of Inhibitions
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Annex 7 Organizational Chart
ASC Board of
Directors
Sr Advtg Specialist
Secretariat
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Annex 8
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Annex 9
51
Annex 10
52
Annex 11
53
Annex 12
54
Annex 13
55
Annex 14
56
Annex 15
57
Annex 16: Application for Screening Form – S1 (page 1)
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Annex 16: Application for Screening Form – S1 (page 2)
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Annex 17: Application for Clerance Form – S2
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