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ASC Manual of Procedures

This document outlines the procedures and guidelines for the Ad Standards Council (ASC) regarding screening and resolving disputes about advertisements. It contains 9 rules that cover general principles, the ASC organization structure, screening procedures, procedures for settling disputes and complaints, post-screening procedures, technical or procedural cases, sanctions and penalties. The document also includes 17 annexes with forms, fees, penalties, and flowcharts to illustrate the screening and appeals processes.

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0% found this document useful (0 votes)
285 views

ASC Manual of Procedures

This document outlines the procedures and guidelines for the Ad Standards Council (ASC) regarding screening and resolving disputes about advertisements. It contains 9 rules that cover general principles, the ASC organization structure, screening procedures, procedures for settling disputes and complaints, post-screening procedures, technical or procedural cases, sanctions and penalties. The document also includes 17 annexes with forms, fees, penalties, and flowcharts to illustrate the screening and appeals processes.

Uploaded by

Mei A. Orcena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 60

Ad 

Standards Council 

Manual of Procedures 

Guidelines on Screening and Disputes 

ASC – 2008
ASC MANUAL OF PROCEDURES
Table of Contents

Rule 1. Statement of General Principles page 6

Rule II. General Rules


Section 1. Review Guidelines 6
Section 2. Functions of the ASC 6
Section 3. Materials Covered by the Rules 7
3.1 Definition of Advertisement 7
3.2 Types of Advertisements
3.2.1 Broadcast 7
3.2.2 Cinema 8
3.2.3 Print 8
3.2.4 Out-of-Home (OOH) 8
3.2.5 Merchandising Materials, POSMs 9
3.2.6 Internet and Mobile ads 9

Section 4. Materials Not Covered by the Rules


Section 5. Confidentiality 10
Section 6. Conflicts of Interest (COI) 11
Section 7. Timing 11
Section 8. Courtesy 11
Section 9. Principle of Interpretation 12

Rule III. The ASC Organization


Section 1. Composition of ASC 12
Section 2. The ASC Organization set-up
2.1 Professional Screeners 12
2.2 Screening Panel 13
2.3 Hearing Panel 14
2.4 Appeal Panel 14
2.4.1. Appeal on Disapproval by a Professional Screeners 14
2.4.2. Appeal on Disapproval by the Screening Panel 15
2.4.3. Appeal on a Decision of Hearing Panel 15
2.5 Technical Standards Committee (“TechCom”) 15
2.5.1 Cases for Elevation to the TechCom 16
2.5.2 Cases for Elevation to the ASC Board 16
Rule IV. Screening Procedures
Section 1. Application for Screening 16
Section 2. Support Documents 17
Section 3. Packaging and Labels 18
Section 4. Presentation Materials 18
Section 5. Material Versions

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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

Rule V. Procedures for Settling of Disputes and Complaints 27


Section 1. Types of Disputes and Complaints 27
Section 2. Filing of Complaints
2.1 Form 28
2.2 Substance 30
2.3 Documentation Requirements 30
2.4 Burden of Proof 31
2.5 Prescription Period 31
2.6 Monitoring 31
Section 3. Appeal on Disapprovals by a 5-man Panel/
Hearing Panel’s Decision 31
Section 4. Scheduling of Hearings 32
Section 5. Presentation to the Hearing Panel 32
5.1 Personal Appearance 32
5.2 Failure to Appear 32
5.3 Non-appearance by Complainant/Appellant 32
5.4 Non-appearance by Defendant 32
5.5 Presentation Proper 33

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Section 6. Resource Persons 33
Section 7. Technical Evidence 34
Section 9. Decision of the Hearing Panel 34

Rule VI. Procedures for Post-screening of print ads, merchandising materials,


internet ads 34
Section 1. Composition of Panel 34
Section 2. Procedures 35

Rule VII. Technical or Procedural Cases 35

Rule VIII. Extension of Disapproval 36

Rule IX. Sanctions and Penalties


Section 1. Cease-and-Desist Order (CDO) 37
Section 2. Effective Date of the CDO
General Guidelines 7
1. Print Ads, Billboards/OOH 37
2. Broadcast Media (TV, Radio) and Cinema 38
3. Out-of-Home Ads 38
4. Merchandising materials and similar ads 39
Section 3. Penalties for Offenses /Violation against/of CDOs
1. Merchandising materials, POSMs 39
2. Other Ads and Totality of Penalties 39
Section 4. Implementation of a Government Agency’s CDO 40
Section 5. Recall of Clearance to Air (RCA) 40

4
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

AdHoc Committee on Manual of Procedures


ASC Tech Com
1. Blen Fernando
2. Lelen Lim
3. Lito Yabut
4. Noel Galvez
5. Adie Pena
6. Socky Pitargue
7. Cris Honrado-Dasig
8. ASC Board & Legal Counsel

5
Rule I. Statement of General Principles

The Advertising Standards Council (ASC), as a matter of policy, encourages resolution of


advertising issues and concerns by the practitioners themselves and should provide ways
by which contending parties could settle or resolve disputes and concerns among
themselves. When mediation fails, a case may be brought to the Advertising Standards
Council (ASC).

The overriding principles that guide the voluntary adoption of the ASC rules to which all
members subscribe are:

1. The advertising industry can be best protected by espousing self-regulation.


2. The paramount consideration is the consumer’s interest.
3. Content regulation serves to safeguard truth in advertising.
4. The rules and procedures facilitate the production and placement of
advertisements.

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.

Rule II. General Rules.

Section 1. Review Guidelines

In all procedures, the ASC shall be guided by:


1. Laws of the Land;
2. ASC Code of Ethics; and
3. AdBoard/ASC precedents.

Section 2. Functions of the ASC.

The main functions of ASC are:

1. Screening of advertisements, with or without advertising claims;


2. Hearing of disputes on advertisements which pertain to content of the
advertisement; and
3. Resolution of disputes on advertisements arising from procedures of the ASC.

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

3.1. Definition of ‘Advertisement’

(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.

(b) “Advertising” means dissemination of information or messages for a business


purpose, usually intended to promote commercial transactions or to enhance a
general standing of an entity or business in the marketplace or the community.

The following criteria shall likewise determine if a material is an advertisement:

(a) If advertising claims are made; or

(b) If airing time, publication, exhibition/display, or feature of the material has


been paid for, whether in cash or kind, or as part of a total package resulting from
Ad Agency/Advertiser’s transaction, regardless of time or frequency of
airing/publication/display.

A claim on a pack or label, when prominently featured or specifically highlighted in an


advertisement, shall be deemed as part of the advertisement, thus shall be covered by the
ASC Rules.

3.2 Types of Advertisements, Examples or Definitions

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.

a. TVCs and RCs, including edit-downs, translations,


b. Infomercials, tele-marketing and other similar advertisements,
c. Interstitials, TV buys such as sponsorships, segments or portion
buys, casual plugs and similar ads, whether live or pre-taped/pre-
recorded,
d. TV and radio Announcer-on-Board (AOBs), OBB/CBBs, taglines,
whether or not direct lifts of approved materials,
e. Jingles, branded songs including edits, translations;
f. TV and radio time checks, teasers, countdowns and similar
materials.
g. Local Ads. Local ads are over those products, brands or services,
manufactured, sold, distributed or offered within a limited

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geographical area such as a province, city or town and outside of
MegaManila. These are post-screened.

Exceptions to post-screening of Local Ads are the ads of the


following categories:

a. Over-the-Counter (OTC) drugs that are local in scope; and


b. Health Supplements (i.e., those products or brands with BFAD
registration as Food Supplements or Dietary Supplements).

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.

a. Regular or creative print advertisements;


b. Supplements, advertorials, and the like.

In general, print advertisements shall be subject to post-screening except


for the cases under Section 3.3

3.2.4 Out-of-Home advertisements (also referred to as OOH) are essentially all


types of advertising that intend to reach the consumer while he or she is outside
the home. This is in contrast to broadcast, print, or internet advertising, which
may be delivered to viewers out-of-home (e.g. via tradeshow, newsstand, hotel
lobby room), but are usually intended for home or office viewing.

All OOH are subject to pre-screening.

a. Billboards, the most common type of OOH, include photographic and


electronic billboards, digital displays, whether outside or indoor (e.g.
malls, shopping centers).

All billboards shall be screened prior to production for display or installation.

b. OOH ads include transit ads, street furniture/fixture (e.g., sheds,


walkways, garbage bins, street signs, lamp posts, etc), street marketing,
demos, etc. There are virtually no limits to shape and size of out-of-home
advertising media.

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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.

In general, merchandising, PoS, PoPs, collaterals shall be subject to post-screening


except for cases stated in Section 3.3.

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:

a. With No. 1 claim (leadership);


b. With superiority or exclusivity claim;
c. With direct comparison on categories where such comparison is
allowed (competitive brand/s is/are identified)
d. With sexy tones, exposure of human body/parts, similar subject or
execution;
e. With tones of violence or similar subject or execution (such as but not
limited to explosives and other dangerous products);
f. Products, brands, services covered by the Milk Code, Implementing
Rules and Regulations of the Milk code (if any) and
g. Food /Health/Dietary Supplement products.
h. Airlines and other Carriers with promotional fares

3.4. An ASC approval is exclusive to the medium as applied and approved.

Section 4. Materials Not Covered by the Rules.

The following materials are not covered by these Rules:

4.1 Political advertisements are advertising whose central focus is the


marketing of ideas, attitudes, and concerns about public issues,
including political concepts and political candidates. The essential task

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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.

4.2 Advertising materials from religious organizations, except concerts,


shows, special events that are not directly related to the organization’s
essence, objectives or main function or supported with a brand,
product or company;

4.3 Emergency public service announcements and public service


advertising materials of utility companies e.g. water & electricity
shortage announcements;

However, corporate and other image-building ads of these utility


companies shall be subject to the rules of the ASC.

4.4 National and line agencies’ and Local Government’s advertising


materials coursed through the Philippine Information Agency (PIA).

4.5 Movie trailers, station and network’s merchandising plugs.

4.6 Non-profit organization or associations, NGOs, and foundations unless


their advertising materials are supported by an Advertiser and the
Advertiser’s brand is featured, in which case the material is considered
a branded ad.

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 should not entertain requests to intervene in


the decisions or procedures of the screening of ads and settling of disputes.

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

8.1 Discourteous or disrespectful behavior by a Presenter/ Advertiser/Ad Agency or


their representatives towards the ASC Secretariat, Screeners or Panelists shall be dealt
with by the ASC Board.

a. An official communication calling the attention of the Ad Agency or


Advertiser or their representatives, including the incidents or reasons for
such report, shall be sent to the Ad Agency/Advertiser or their
representatives and to member-Association(s) concerned.

b. The Advertiser/Ad Agency/representatives shall be asked to explain or


respond accordingly.

c. The ASC Board, upon recommendation of the TechCom, may implement


a corresponding sanction such as but not limited to:

i. De-listing from the ASC roster of panelists, if he or she is an ASC


Panelist
ii. Prohibition from representing the Advertiser/Ad Agency or
customer in any ASC proceedings for at least six (6) months.

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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.

Rule III. The ASC Organization

Section 1. Composition of ASC

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.

Each sector shall designate only experienced advertising practitioners or those


knowledgeable of advertising practice as ASC panelists. All panelists must be active in
the industry through his or her association.

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.

4. Since an appeal on a hearing decision is always based on new evidence, the


Presiding Officer and members of the Hearing panel who heard the case which is
being appealed, may participate and vote in the motion for reconsideration; however,
they shall not form majority of the panel.

Section 2: The ASC organization set-up is as follows :

2.1. Professional Screeners

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.

2.2 Screening Panel

A Screening Panel is convened to review ads which are:

a. Directly referred by the Professional Screeners;


b. Subject to post-screening but are pre-screened upon the option of the
Advertiser.

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.

The PO may be called on as a resource person for a Hearing Panel, an Appeal, a


TechComm session, or whenever necessary, to expedite the decision of a case.

13
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.

The Panel shall decide by majority vote.

2.3 Hearing Panel

A Hearing Panel is convened primarily to review complaints filed by competitors


(whether direct or indirect) or any party –in-interest, government sectors or consumers.

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.

The Panel shall decide by majority vote.

ASC Professional Screeners, technical experts or other practitioners outside of the


sectoral representation within the ASC, whose expertise and advice may be sought in
settling disputes concerning the content or claims of particular advertising materials, may
be invited to participate in the Hearing sessions as resource persons. However, the
resource persons shall not participate in the voting.

2.4 Appeal Panel

a. Appeal on a Disapproval by a Professional Screener.

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

14
present either the existing or any new substantiation or evidence to support the claim(s) in
question.

b. Appeal on a Disapproval by Screening Panel

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.

3.2. Appeal on a Decision of Hearing Panel

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.

4. Technical Standards Committee (“TechCom”)

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.

In the absence of Tech.Com Chairman, a Presiding Chairman is appointed among


themselves.

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.

15
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.

2.5 Cases for Elevation to the TechCom

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.

2.6 Cases for Elevation to the ASC Board

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.

Rule IV. Screening Procedures

Section 1. Application for Screening

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.

16
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.

a. Advertisers/Advertising Agencies or client’s official representative shall


submit the concept paper indicating advertising claims that will be used,
and certifications from client that the copy claims present in their material
were previously approved by the ASC.
b. Certifications and supporting document shall include the references of
previous approval on all copy claims made.
c. Supporting document shall be submitted together with the application for
screening or, at the least, 24 hours prior to airing schedule, i.e. Copies of
the actual previously with ASC stamped approved storyboard/script/lay-
out for all copy claims made.
d. The Advertiser/Advertising Agencies or their official representative shall
receive the decision on the application on the same day of application and
upon satisfaction of the above requirements.
e. Provided that the decision on the application made is APPROVAL FOR
PRODUCTION, the ASC shall release the Approval for Production form
together with the Clearance for Airing the same day.

Section 2. Support Documents

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.

Type of claim Example of Acceptable Support


1. Own product performance Company-owned document duly signed by the
without comparative claim relevant technical person or a high ranking company

17
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.

Section 3. Packaging and Labels

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.

Section 4. Presentation Materials

a. All materials to be screened shall be submitted in two (2) clear copies,.

b. This requirement shall apply to the following materials:

1. Television and cinema Ads

a) The storyboard with adequate descriptions and camera directions,


especially on potentially controversial or questionable visuals

b) Storyboards shall be submitted on letter size or A4 white size white


paper and contain no more than 6 frames per page. Copy text shall be
a minimum of 12 point Arial Font size.

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.

3. Print or similar Advertisements

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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.

4. Out-of-Home (OOH), (Billboards and similar ads)

a) OOH/Billboard design must clear, full color and shall be printed on


letter size or A4 white size white paper.
b) The compre must clearly specify the approximation of the material
when display or installed.
c) Billboard design must provide space for the ASC reference code in
readable size.

Section 5. Material Versions

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

Dialect or non-English materials shall be accompanied by either English


or Filipino translation, with a certification signed by the translator
attesting to the accuracy and correctness of the translations. The
Advertiser/Ad Agency shall be responsible for the translation submitted.

b. Direct Lifts

Radio advertisements which are direct lifts of TV ads/soundtrack


previously approved, AOBs, OBBs and CBBS that are straight lifts from
previously approved ads.

c. Revisions

Revisions of or add-ons to previously approved television, radio, print or


billboard material, such as but not limited to End Tags.

d. Edit-downs/Edit-up

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e. Derivatives

Countdowns, time-checks and similar ad executions shall be considered


as one ad only, provided that the copy/text varies only on day, time or date
from one material to another.

Section 6. Screening by Professional Screeners (S-1)

1. ASC Ad Specialist assesses the documents attached to the S-1 form and submits
the application to the Professional Screeners.

2. The Advertiser/Ad Agency must be present to answer possible clarifications from


the Professional Screener.

3. The Professional Screener shall thoroughly review the material/s submitted by


Advertiser/Ad Agency. Advertiser/Ad Agency should present supporting
documents to substantiate the claims , copy, audio, special effects, visuals, or any
part or content used in the material.

4. The Professional Screener shall render one of the following decisions:

a. Approved for Production

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.

Storyboards/script/print lay-out shall be stamped with the ASC’s


“Approved for Production” and duly signed by the Professional Screener
who approved it.

b. Approved for Production, with Caution

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.

Final approval is determined upon review of the produced material.


Should the Professional Screener deem that the specific execution and/or
elements violate the ASC Standards of Advertising, the material will be
disapproved.

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.

In such instances, the Advertiser/Ad Agency may:

i. Revise the copy, visual or element in question on-the-spot and


during the screening. If the Professional Screener accepts and is
satisfied by the revisions and there are no more concerns/questions
on the material, the storyboard/script/lay-out shall be given
Approval for Production.

ii. Request for the same material to be elevated to a Screening Panel


which shall review only the disapproved claims, copy, slogan,
visual or element.

This is tantamount to an appeal, thus, the Advertiser/Ad Agency


shall pay the Screening Panel Fee required for Screening Panel
review prior to the schedule of the appeal session to the Screening
Panel.

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:

i. When subject or execution deals with sex, sexy themes or


innuendo, violence or morbidity and other sensitive themes.

ii. When claims require further or complex technical substantiation


from independent sources or a third party, especially ads of
product categories or services that deal with technology and health.

iii. When claims are on exclusivity and superiority.

iv. When claims may tend to disparage another brand, product,


service, category or Company, whether directly competitive or not.

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 list of these pre-requisite documents are in Annex 2.

5. The Advertiser/Advertising Agency shall receive a printed copy of the


Professional Screener’s comments form from the Advertising Specialist. Thus, it
is imperative that the Professional Screener shall clearly state the possible
violations of the Code’s provisions, specific comments, issues, warning/ caution
and other concerns s/he raised pertaining to the ad material. The S-1 form serves
as reference for any future disputes or questions on the material. The Advertising
Agency/Advertiser may request for particulars if the statement of concerns is
vague.

Section 7. Review by a Screening Panel

The Screening Panel may question any element in the material under review even if not
raised by the Professional Screener.

All advertisements shall be presented personally by an authorized representative of the


Advertiser or Advertising Agency. There may be more than one presenter.

7.1. Scheduling of Screening Panel Presentations

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.

Failure to appear on the scheduled presentation without proper notice, cancellation of a


scheduled screening in less than 24 hours before the scheduled date of screening shall
result in the imposition of a penalty.

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7.2. Presentation Proper

Advertiser/Ad Agency is given twenty (20) minutes to present their boards/script or


compre to the Screening Panel. This allocation includes set-up of equipment required and
the questioning of the Screening Panel.

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.

7.3 Screening Panel Decisions

After the presentation, the Screening Panel shall deliberate on compliance with the Code
and shall render one of the following decisions:

a. Approved for Production

This is given to a material when the substantiations to support the claims


are found acceptable by the Screening Panel. An Approval is stamped on
the copies of the storyboard/script and duly signed by the PO of the
Panel.

b. Approved for Production, with Caution

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.

Final approval is determined upon review of the produced material.


Should the Screener deem that the specific execution and/or elements
violate the ASC Standards of Advertising, the material will be
disapproved.

e. Disapproved

This is given to a material when the Advertiser/Ad Agency fails to


substantiate the claims made in the ad or when the Screening panel finds
the content violative of the ASC Code of Ethics.

If a claim(s) is/are disapproved, the Advertiser/Ad Agency may:

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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.

iii. File an appeal on the disapproval of the panel. An appeal may be


requested, with or without new evidence.

a) The material shall be elevated to and reviewed by a 5-man panel.


The 5-man panel acts as a Screening Panel and reviews only the
disapproved copy, claim, visual or element.

b) Majority of this panel shall not come from the original


Screening Panel.

c) The Advertiser/Ad Agency shall follow the same preparation and


application stages as that of a Screening Panel.

d) The 5-man Appeal Panel fee shall be charged accordingly.

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.

Section 8. Clearance for Airing

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:

a. Approved for Airing, Publication or Display

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.

Section 9. Reversal of Approval for Production and Clearance to Air by a


Screening Panel or a Professional Screener

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:

a. Ruling of a Government agency that runs counter to the airing or


publication or display of the material;

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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.

Section 10. Documentation of Screening Decisions

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.

10.1 Approval at Screening Level

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.

10.2 Validity of Approval for Production

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.

10.3 Clearance for Airing/Publication/Display

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.

Airing/Publication/Display of altered material shall result in the imposition of penalty.


(Airing/Publication without Proper ASC Clearance)

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.

10.4 Validity of Clearance to Air/Publication/Display

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.

For materials with specific claims, the validity is as follows:

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.

Rule V. Procedures on Disputes and Complaints

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.

Section 1. Types of Disputes and Complaints

The following complaints involving ad content may be filed with the ASC:

a. Complaints by a party-in-interest against an advertisement that has


been approved by the ASC and that is already on-air/published/displayed.

A “party in interest” is one who has a real, actual, material or substantial


interest in the subject of the complaint or one who has sustained or is in
the immediate danger of sustaining an injury as a result of the act
complained of such as a competitive brand, product, service, or categories,
whether direct or indirect. A mere incidental interest in the act complained
of cannot be ground for filing of complaint.

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The complaint must clearly pertain to a violation of the ASC Advertising
Standards Code.

b. Appeal to a 5-person Screening Panel on the Decision of


Disapproval by a 3-person Screening Panel

Advertiser/Ad Agency may file an appeal on the decision of a 3-person


Screening Panel to a 5-person Screening Panel.

A decision of the Hearing Panel shall be final. There is no appeal or reconsideration. If


there is new evidence or new complaint point, then a new complaint shall be filed.

c. Complaints by a government sector, professional organizations,


individual consumer or consumer groups or the public in general shall be
handled by the ASC Crisis Committee for review and recommendation.

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.

Section 2. Filing of Complaints

2.1. Form

A Party shall file a complaint or Appeal in writing, addressed to the ASC General
Manager.

a. The complaint must be signed by an officer of senior management


status of the Advertiser or of the Advertising Agency, or by an
authorized representative, provided that the representative provides a
letter of authorization signed by a senior officer of the Advertiser or
Advertising Agency, and must be accompanied by the applicable fee.

b. Advertisers/Ad Advertising Agencies who file a complaint must


indicate the contact person(s) and other contact details.

c. Complainant must identify the product or service being advertised, and


the medium in which the advertisement appeared:

i. For Broadcast Advertisements

1) Identify the station/network , the program, time and date


the ad was monitored.
2) Advertiser/Ad Agency who complains shall provide a clear
photo-board with the corresponding copy and an mpeg
copy (TOA) of the ad in question.

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ii. For Print Advertisement

1) Identify the name and date of publication(s) where the ad


was monitored, including an actual copy of the ad (tear
sheet) clearly showing the date and name of publication.

iii. For OOH Advertisements such as billboard (outdoor),


merchandising materials, collaterals, transit or similar ads

1) Identify the date and exact location where the ad was


monitored.
2) Complainants must provide a clear photograph of the ad in
question, with proof of date monitored.

iv. For Cinema Advertisements

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.

v. For Internet and Mobile Advertisements

1) Identify the date of the ad was seen , including a print-out


of the advertisements and other applicable web pages (if
any)

The ASC shall not entertain and accept complaints via telephone, text, or word-of-mouth
from consumers or the general public.

a. Consumers’ complaints on advertising materials shall be in written form


and submitted to the General Manager, either through courier or e-mail.

b. Consumer complainants must indicate their complete contact details to


avoid nuisance complaints e.g. postal and e-mail address, phone numbers
and other contact details that may establish their credibility.

c. As with a regular complaint, the ASC shall forward a copy of the letter to
the Advertiser concerned.

d. Consumer complainants may be invited to present their case in person to


the ASC, especially if such complaints have a widespread or are of highly
sensitive nature . The panel shall be composed of the ASC Chairperson
or President, ASC TechCom Chairperson and ASC General Manager.

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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.

f. If the ASC General Manager decides that a letter of particulars should be


submitted by the complainant, the date of receipt of the complaint shall be
the date of receipt of the amended complaint.

e. Issues and provisions that are not covered in the complaint may not be
brought up during the hearing of the case.

2.3 Documentation requirements

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.

2.4 Burden of Proof

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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.

2.5. Prescription Period for Filing of Complaints

a. The prescription period for filing of complaints is 60 calendar days from


the first airing of subject copy, claim, visual or slogan in a medium of
national coverage.

b. Filing fee for complaint filed past the prescription period shall not be
refunded.

c. There is no prescription period for filing of Complaints that involve:

i. Complaints based on facts, e.g. those that may be directly verified by


data, complaints on copy claims that require technical evidence or
research.

ii. Print, merchandising materials, internet and mobile advertisements


that do not require screening prior to installation, publication or
display.

2.6. Monitoring

Advertisers/Ad Agencies who monitored the continued use of banned or CDO’d ad


materials should submit a formal notice to the ASC. Complainant must identify the
product or serviced being advertised, and the medium in which the advertisement
appeared. Proof of airing, display or publication must be attached to the letter.

Section 3. Appeal of Hearing Panel’s Decision/Disapproval of a 5-man Screening


Panel

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.

The Appellant pays the Hearing Fees.

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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.

Section 4. Scheduling of Hearings

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.

An ad material is considered sales promotion if:

a. It is intended for broad consumer participation


b. It contains promise of gain or reward for the purchase of a product, security or
winning in a contest
c. It utilizes mass media and other forms of communication
d. It is conducted within a defined period of time.

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.

Section 5. Presentation to the Hearing Panel

5.1. Personal Appearance

Both parties shall appear in person. Corporations shall be represented by their


authorized representatives.

5.2 Failure to Appear

Failure of any party to appear within 30 minutes of the scheduled hearing shall
constitute non-appearance.

5.3. Non-appearance by Complainant/Appellant

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Non-appearance by the complainant/appellant shall be cause for dismissal of the
complaint/appeal.

The filing fee shall not be refunded.

5.4. Non-appearance by Defendant

Non-appearance by defendant does not prejudice the complaint.

The Panel shall proceed to review the case and decide based on the merits of the
case.

5.5 Presentation Proper

Complainant/Defendant is given 30 minutes to present their complaint/defense.


This time allocation includes the set-up of their equipment.

Complainant/Defendant must prepare at least 5 clear copies of the presentation


materials and supporting documents for the Panel’s reference and use during the
case hearing. The required documents in screening presentation shall apply.

All presentation materials shall be returned to the presenters and one (1) set shall
be filed with the ASC.

Section 6. Resource Persons

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.

Section 7. Technical Evidence

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.

Rule VI. Procedures for Post-Screening of Ads

Complaints on broadcast and print advertisements, merchandising materials, internet and


mobile ads and other materials which are excluded in the screening guidelines shall be
post-screened.

Post-screened materials are treated as being screened for the first time.

Section 1. Composition of Panel

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.

2.5 Decisions of the Post-Screening Panel

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.

b) Material is given an Approval

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.

2.6 Non-appearance of the defendant in the post-screening session shall incur


a Temporary Suspension Order (TSO) for the ad, pending substantiation of the
claims or screening by the ASC. The Advertiser/Ad Agency is given fifteen (15)
working days to present substantiations. Otherwise, the material in question will
be issued Cease-and- Desist Order (CDO).

2.7 There is no prescription period for post-screened ads.

Rule VII. Procedures on Technical or Procedural Cases

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.

Rule VIII. Extension of Disapproval

1. Disapproval of a claim, copy-line, visual or slogan contained in a particular


advertisement shall be extended to the same or substantially the same claim,
copy-line, visual or slogan used in another advertising medium in another context.

2. In case there is a difference in the context or setup which leads to reasonable


doubt on whether the claim, copy-line, visual or slogan is substantially the same,
the Advertiser/Advertising Agency shall elevate the issue to the TechCom within
three (3) days after the receipt of the disapproval.

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.

Rule VIII. ASC Sanctions and Penalties

If an advertisement must be discontinued from airing, the ASC may either issue a CDO
or Recall Clearance to Air/Publish/Display.

Section 1. Cease-and-Desist Order (CDO)

A CDO is issued if a material is found to be in violation of the provisions of the ASC


Advertising Standards Code.

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.

Section 2. Effective Date of the CDO

In general, the CDO is in immediate effect from receipt of the CDO by the Advertiser
and/or Ad Agency when:

a. A commercial is found on air without proper ASC clearance.

b. A commercial, whose substantiations accepted at face value solely on the


basis of a certification duly signed by an official of high management status
have been proven to be false.

c. A commercial, despite previous approval, is deemed to adversely affect public


interest.

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.

b. The TechCom shall determine whether or not Advertiser/Ad Agency has


substantially complied with the CDO.

c. Failure to submit a compliance report may result in sanctions and penalties


due to monitoring of banned ads or materials by the ASC or the original
Complainant of the case.

1. Print ad and Billboard

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.

b. Failure to advise will subject those placements to sanctions, as stipulated


in this Manual of Procedures.

c. The written advice on the non-cancelable print placement must be


accompanied with agency publication order and Publisher’s Certification.

d. The General Manager, or Presiding Chairman or the TechCom Chairman


may verify whether the material is really non-cancelable.

e. Any subsequent material of the brand after a CDO must be pre-screened.

f. Any revision of the CDO’d material must be pre-screened prior to


publication.

2. Broadcast Media (TV, Radio) and Cinema

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

a. Billboards (Electronic or Static display)

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.

4. Merchandising Materials and similar ads

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

38
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.

Section 3. Penalties for Offenses/Violation against/of CDOs

3.1. Merchandising materials, POSMs

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.

3.2.All Other Ads and Totality of Penalties

An advertiser shall be penalized every time the violative material continues to be


aired/published displayed after the prescribed deadline of pull-out/pull-down of
violative materials.

Each violation regardless of medium committed by the advertiser/ad agency of the


CDO and its corresponding deadline shall merit a penalty; and shall be cumulatively
considered. The next offense penalty shall be imposed three (3) days after (i) the
previous penalty has been imposed and (ii) the advertiser has been notified. To
illustrate, a violative billboard must be pulled down 7 calendar days from receipt of
CDO. If on the 8th day, the billboard is still displayed, this merits a 1st offense
penalty. If on the 12th day, it is still displayed, this merits a 2nd offense penalty. If on
the 31st day, a violative POSM is still displayed, this merits a 3rd offense penalty.

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.

Section 4. Implementation of a Government Agency’s CDO

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.

39
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.

Section 5. Recall of Clearance to Air (RCA)

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

1. Screening (S-1) by the Professional Screeners shall be held Mondays to Fridays,


from 9am to 4 pm. There shall be at least two (2) Professional Screeners daily.

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.

3. Clearances for Airing, Publication or Display shall be released daily, Monday to


Fridays.

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.

a. The Special Screening is scheduled only upon payment of the fees


by the Advertiser/Ad Agency.
b. The Special Screening is non-transferable to any other brand or
Advertiser/ Ad Agency.
c. Cancellation of a Special Screening must be done officially and in
writing to the ASC. Cancellation done within less than 24 hours
from the schedule is subject to only a 30% refund of the fees.
d. The fees are non-refundable for no-show for this session.
e. The Advertiser/Ad Agency must be personally present during the
Special Screening to respond to any issue , concern or discrepancy
on the material.
f. The corresponding ASC clearance shall be issued provided are no
issues, concerns or discrepancies on the material.

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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.

1. Certificate of Product Registration (CPR) from any of the following government


agencies, if applicable:
a. Bureau of Foods and Drugs (BFAD)
b. Fertilizer and Pesticides Authority (FPA)
c. Bureau of Animal Industry (BAI)
2. BFAD Certificate of Product Notification (for cosmetic products only)
3. BFAD Provisional Permit to Market (PPM) , if CPR is not yet available.
4. Certificate of Product Launch : official letter from the Advertiser duly signed by a
high ranking or senior officer of the Company
5. National Historical Institute (NHI) Clearance : for use of Philippine Flag,
Heraldic and vexillary designs and/or items, including the National Motto,
National Anthem and Pledge of Allegiance to the National Flag
6. Department of Health Inter-Agency Commission (DOH-IAC) Certificate of
Approval (for infant formula milk and milk products up to 24 months)
7. Department of Trade and Industry (DTI) or BFAD: for Promo Permit
8. Department of Labor and Employment (DOLE) Certificate : for employment of
the services of talents who are of minor age.
9. National Telecommunications Commission (NTC) Certificate
10. AC Nielsen PNRI Reports, AC Nielsen data or any other acceptable research data
from a body/Company of integrity : for a “No. 1” claim (leadership)
11. Philippine Medical Data Index (PMDI) Certificate : for pharmaceutical claims on
prescriptions or sales
12. Civil Aeronautics Board (CAB) Certificate : for airline ads
13. Housing and Land Use Regulatory Board (HLURB) Certificate : for Real Estate
ads
14. Music License
15. Affidavit of Endorser
16. Labels/ product packaging

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Annex 3. Guidelines on materials with exposure of human body/parts, sexy
tones, similar subject or execution.

To ensure a more consistent interpretation of “contemporary standards of decency or


morals” without restricting the screener to set of specific rules (which has been found to
be impractical), general guidelines and a set of actual examples are provided.

Primordial principle is that advertisements should not be offensive to the public based on
current and/or nationally accepted standards of decency.

a. As general rule, the application of the rule should be stricter for


advertising in media of general viewership or circulation (e.g. television,
general circulation newspapers/magazines, and billboards) because a
broad spectrum of people see the media. The application of this rule
should be moderated for media catering to specific or specialized
audiences (e.g. lingerie ads in women’s magazines, men’s shorts in men’s
magazines, etc)

b. Photographic visuals should be more critically screened than drawings.

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.

d. A “partially nude” person is not allowed when these circumstances are


present:

i. Attired in flimsy or transparent material so that the body shows


through
ii. Attired in brief clothing that shows excessive voluptuousness in
the case of females and a bulging crotch in the case of males.

iii. A man and woman whether fully clothed, partially clothed or nude
in a pose simulating sexual intercourse should not be allowed.

iv. A man and woman in skimpy attire in suggestive physical contact


with each other should not be allowed.

e. Advertisements, commercials or billboards with scantily-attired models


appear to be obscene when the pose, facial expression, situation, props,
copy and/or other aspects of the presentation are suggestive or vulgar
because they employ sex in a blatant way to attract attention or sell
products or services.

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Annex 4. ASC Fees

Type of material Length Member Non-member


(+20%)
TV ads End tags P 250.00 P 300.00

TV ads (including 5s, 10s, 15s 500.00 600.00


AOB, OBB/CBB)
16s - 30s 1,000.00 1,200.00
31s - 60s 2,000.00 2,400.00

Above 1 min. but not 3,000.00 3,600.00


more than 5 minutes
Above 5 minutes 5,0000.00 6,000.00

Radio ads 5s, 10s, 15s 250.00 300.00

16s - 30s 500.00 600.00

31s - 60s 1,000.00 1,200.00

Above 1 min. but not 1,500.00 1,800.00


more than 5 minutes
Above 5 minutes 2,500.00 3,000.00

Print ads All sizes 250.00 300.00

Out-of-home All sizes 250.00 300.00

Collaterals All sizes 250.00 300.00

Complaints Case Hearing 6,000.00 7,200.00

Post-screening 6,000.00 7,200.00

Motion for 6,000.00 7,200.00


Reconsideration
Appeals From 3-man Panel to 5- 6,000.00 7,200.00
man Panel
Special Screening 10,000.00 10,000.00

The above screening fees are VAT exclusive.

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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.

2nd offense – P100,000.00 plus non screening of


advertising materials of the product concerned for three
(3) months. The guilty party may opt to pay 400K in lieu
of non-screening, thus the total to be paid is 500K.

3rd offense – P200,000.00 plus non-screening of


advertising materials of the product concerned for one
(1) year. (or an equivalent of P1,000,000 in lieu of non-
screening for one (1) year).
Airing/publication/installation 1st offense – P100,000.00
or display of banned material Non-payment of penalties shall result to non-screening
of the product concerned.

2nd offense – P200,000.00 plus non-screening of


advertising materials of the product concerned for six (6)
months. (or an equivalent of P800,000 in lieu of the non-
screening sanction).

3rd offense – P400,000.00 plus non-screening of the


advertising materials of the product concerned for one
(1) year of the third offense. (or an equivalent of
P1,000,000 in lieu of non-screening for one (1) year).
Faking of any ASC The ad material of the brand, product or service shall be
clearances and official immediately suspended from airing plus:
documents or ASC
prerequisites (e.g., CPR, 1st offense – fine of P200,000.00 plus non-screening of
DOLE permit, DTI permit, the materials on the product for six (6) months. (or an
NHI permit, DOH approval, equivalent of P800,000 in lieu of the non-screening
etc) sanction).

2nd offense – P400,000.00 plus non-screening for one


(1) year of the materials on the product for the second
offense. (or an equivalent of P1,000,000 in lieu of non-
screening for one (1) year).
Faking of 3rd Party 1st offense – P200,000.00 plus non-screening of

45
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).

2nd offense P400,000.00 plus non-screening of materials


over the product for one (1) year plus CDO, effective
immediately on the material concerned. (or an equivalent
of P1,000,000 in lieu of non-screening for one (1) year).
Manipulation of documents, The ASC shall provide due process to the Ad
blatant disregard for the ASC Agency/Advertiser concerned.
rules, procedures or system.
After the violation has been determined, the penalty is as
follows:
1st Offense - P200,000 plus non-screening for three (3)
months, and CDO effective immediately on the material
concerned (or a total of P600,000). – The guilty party
may opt to pay 400K in lieu of non-screening, thus the
total to be paid is 600K, ( put this equivalent also above
in the first table.
2nd Offense – P400,000 plus non-screening for six (6)
months, and CDO effective immediately on the material
concerned (or an equivalent of P800,000 in lieu of the
non-screening sanction).
3rd Offense – P600,000 plus non-screening for one (1)
year, and CDO effective immediately on the material
concerned (or an equivalent of P1,000,000 in lieu of non-
screening for one (1) year).
Prescription period is one year from payment date.

Plus 200K per subsequent offense.


Breach of Confidentiality 1st offense - P50,000.00 for every pick-up (publication)
of the Press release or publicity

2nd offense – P100,000.00 for every pick-up of the Press


Release or Publicity plus six (6) months non-screening
of the concerned product

3rd offense – P200,000.00 for every pick-up of the Press


Release or Publicity and one (1) year non-screening of
the concerned product

“Pick-up” means any news item or story related to the


case or issue which is published and/or publicly
announced through media.

46
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.

Non-payment of penalties shall result to non-screening of the product concerned.

ASC penalties and sanctions are not subject to VAT.

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Annex 6. List of Conflict of Inhibitions

The following are examples of conflict of interest:

1. A screener or panelist shall inhibit himself from participating in the screening,


review or hearing of advertisements, if he or she is:

a) an officer or senior-ranked employee or consultant or of responsible position;


b) actively involved in making decisions

in the Advertiser’s marketing or brand management, marketing services or trade


marketing department and/or with the agency, or competitors of the products
and/or service being presented.

2. If the screener or panelist owns or handles a product/brand/service that is


directly competitive to the material being screened/reviewed/heard.

3. If the screener or panelist is employed in a company or by an Advertiser whose


products or services are directly competitive with the products, services sold or
offered in the Asia region, or other region when relevant, of the company that
owns the material.

4. If the material being screened, reviewed or heard is owned by the company, or


handled by the agency, where the screener or panelist is employed.

5. If the material being screened/reviewed/heard belongs to a subsidiary, sister


company, affiliate of the company where the screener or panelist is employed and
can actively influence the company’s business decisions.

6. If the material being screened/reviewed/heard is that of any product belonging to


any of the clients, or of prospective client, of the agency where the screener is
employed. A prospective client means a client for which the agency has some
work in progress.

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Annex 7 Organizational Chart

ASC Board of
Directors

Legal Counsel General Manager

Sr Advtg Specialist

Secretariat

Professional Industry Technical Standards


Screeners Panelists Committee

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Annex 8

50
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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