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Digital Guidelines for
Non-Regulated and Regulated
Categories
(In Coordination with IMMAP)
January 31, and February 1-3, 7-10, 13
Objective of this Session
For participants to have a better understanding
of the Digital Guidelines for Non-Regulated and
Regulated Categories
ASC Mandate
Protect consumers from
misleading, fraudulent,
and offensive advertising
1. The Laws of the Land
a. The Philippine Constitution
b. Republic Act No. 7394 (Consumer Act of the Phils.)
c. DOH-FDA
d. DTI
e. NTC and other government agencies
f. The Milk Code
g. The Magna Carta for Women, etc.
2. The ASC Code of Ethics & Manual of Procedures
3. AdBoard and ASC Precedent Decisions
The ASC is guided by the following:
Digital Materials
Regulated Categories:
• Alcohol Beverages
• Over-The-Counter (OTC) Drugs
• Health/Food/Dietary Supplements
• Products under the Milk Code
• Airline & Other Carriers Promo Fares
Non – Regulated Categories:
• All other products
PAID
• An advertising or communication material that is
commissioned by an Advertiser/Agency and is paid
for a commercial purpose or goal, and placed on a
3rd party site. Payment may be in cash or kind, direct
or indirect
Examples: ads in Google Adwords, FB banners, etc.
Digital Materials Covered
OWNED
• An advertising or communication material created
for/by the advertiser and posted on a site that is
owned by the brand or advertiser
Examples: company websites, eBooks, free
whitepapers, blog posts, other social media sites
• Refers to materials directed to a general audience or
public and not to specific trade or professional group
Digital Materials Covered
• USER /3rd PARTY GENERATED CONTENT
(e.g. ABS-CBN, Coconuts, Rappler, FB posts by
consumers)
• KEY ONLINE INFLUENCERS (KOL)
(Bloggers, publicists)
Digital Materials Covered
1. Political Ads
2. Ads from religious orgs except concerts, shows,
special events not directly related to the org’s
essence
3. Emergency public service announcements
4. National, line agencies, and LGUs ads coursed
through PIA
5. Movie trailers, station IDs & network plugs
6. Non-profit orgs, NGOs and foundations that
do not have sponsors/advertisers
Materials Not Covered
Digital Materials
Non-Regulated Categories
Digital Materials
Non-Regulated Categories
are generally post-screened
1. Consumer promotions in digital media do not require
pre-screening
Post-Screening of Digital Materials
For Non-Regulated Categories
Promotions without DTI/FDA
promo permit
No need to clear
Promotions with DTI/FDA promo
permit
Post screened;
However, if a complaint is filed
against said promo ad material or if
the material is monitored by ASC
(motu propio), then ASC will refer
complaint to DTI for review and
appropriate action. (Rule V, Sec 1 &
Rule VII, Sec 2.2.4)
Notes on Post-Screening of Ads:
a. There is no prescription period for complaints on
post-screened ads.
b. The post-screening panel can question claim/s or
element/s of the ad outside of those complained on.
c. If in the process of post-screening, the material was
found to be in violation, a CDO will be issued.
If the material should have been pre-screened but
was not cleared with ASC, corresponding penalty
will be imposed (Refer to Annex 5 ASC Penalties).
Post-Screening of Digital Materials
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
Notes on Post-Screening of Ads:
d. The Advertiser has the ultimate and final responsibility
as well as ownership of the material in question
e. Complaint can be filed on a digital advertising material
by a direct or indirect competitor or any party of
interest, including ASC (motu propio). A party of
interest should be individuals who do not have direct
dealings with or business interest in the brand.
Post-Screening of Digital Materials
2. User-generated Content
a. Facebook posts by consumers (with or without claims)
- No need to clear with ASC if:
a. Shared by Brand AS IS, with the name of the
consumer who made the comment shown.
b. Copied and pasted on the brand/company website
AS IS, with the name of the consumer who made
the comment shown
- Needs to clear with ASC if:
a. Comment/post is turned into an ad by the brand
b. Boosted by the brand
Post-Screening of Digital Materials
For Non-Regulated Categories
2. User-generated Content
b. Bloggers
- Note: It is the responsibility of the Brand Group/
Ad Agency to:
a) provide bloggers with truthful facts about the
brand, which include claims that are substantiated.
b) forewarn the bloggers from writing exaggerated
claims about the brand.
Post-Screening of Digital Materials
For Non-Regulated Categories
2. User-generated Content
b. Bloggers
-Blogs are post-screened. However, competitors,
concerned citizens, the ASC and respective
government regulatory body, under which the brand
falls, can complain about the post.
For complaints lodged by competitors, concerned
citizens and by ASC, a post-screen hearing will be
conducted. If found in violation, a CDO will be issued
and appropriate penalty will be imposed.
Post-Screening of Digital Materials
For Non-Regulated Categories
2. User-generated Content
b. Bloggers
-Blogs are post-screened.
For complaints raised by the respective government
regulatory body, and a CDO is issued by said body, ASC
will automatically issue a CDO for the material without
the benefit or a hearing and appropriate penalty will
be imposed.
Post-Screening of Digital Materials
For Non-Regulated Categories
Notes on Post-Screening of Ads:
a. There is no prescription period for complaints on
post-screened ads.
b. The post-screening panel can question claim/s or
element/s of the ad outside of those complained on.
c. If in the process of post-screening, the material was
found to be in violation, a CDO will be issued.
If the material should have been pre-screened but
was not cleared with ASC, corresponding penalty
will be imposed (Refer to Annex 5 ASC Penalties).
Post-Screening of Digital Materials
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
Notes on Post-Screening of Ads:
d. Article V Section 4-g: “Testimonials based solely on
subjective judgement are allowed provided they are not
presented as statements of fact. When such testimonials
include specific claims regarding product or service
performance, the ad must be pre-screened and the claims
must be supported with independent evidence on the
accuracy of, or consistent with, the actual product or service
performance.”
e. Article V Section 4-h.2: “Testimonials shall not be used to
circumvent the requirement for substantiation other than the
testimony itself.”
Post-Screening of Digital Materials
a. With No. 1 claim
(Volume and corresponding peso value based on
immediate past 12 months’ cumulative data)
b. With the following product or service claim/s
that need/s to be substantiated:
i. With exclusivity claim
ii. With comparative claim
iii. With superiority claim
iv. With absolute claim
Required Pre-Screening of Digital Materials
B. For Non-Regulated Categories
(also applies to Regulated Categories)
i. With exclusivity claim - is a claim wherein the
product or service is the only one able to provide or
deliver said attribute/ property/ feature.
ii. With comparative claim - is claiming advantage over
another brand or service, previous formulation/
properties or set of products. This claim must
always be properly qualified as to what it compares
itself against.
Required Pre-Screening of Digital Materials
For Non-regulated Categories
(also applies to Regulated Categories)
iii. With superiority claim - means a product or service is above
and better than ALL other competitors in the category in
all material respects, mainly when it comes to product
performance or service delivery.
iv. With absolute claim - is a claim that promises a guarantee
of full delivery in product performance at all times
Examples:
- Tiyak na masarap
- Sure win
- No wetness guaranteed
- Sigurado ang balik ng pera mo!
Required Pre-Screening of Digital Materials
For Non-regulated Categories
(also applies to Regulated Categories)
c. With direct/ brand-identified comparison on
categories where such comparison is allowed:
i. Automotive vehicles
ii. Consumer durables such as but are not limited
to appliances, audio-visual equipment,
electronic gadgets
iii. Airline and Shipping Lines
iv. Musical instruments, entertainment equipment
v. Mobile products like cellular handsets, tablets,
laptops and netbooks
Required Pre-Screening of Digital Materials
For Non-Regulated Categories
( also applies to Regulated Categories)
d. With sexy tones, exposure of human body/ parts,
similar subject or execution
(Annex 3 Technical Guidelines, Art. I, Sec. 4)
e. With tones of violence or similar subject or execution
such as but are not limited to explosives and other
dangerous products
(Art. I, Sec. 5)
Required Pre-Screening of Digital Materials
For Non-Regulated Categories
(applies also to Regulated Categories)
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
Digital Materials
Regulated Categories
Digital Materials
Regulated Categories
are subject to
pre-screening, therefore
ASC Clearance is a must.
Digital Materials
Regulated Categories
1. Alcohol Beverages
2. Over-The-Counter (OTC) Drugs
3. Health/Food/Dietary Supplements
4. Products under the Milk Code
5. Airline & Other Carriers Promo Fares
a. With No. 1 claim
(Volume and corresponding peso value based on
immediate past 12 months’ cumulative data)
b. With the following product or service claim/s
that need/s to be substantiated:
i. With exclusivity claim
ii. With comparative claim
iii. With superiority claim
iv. With absolute claim
Required Pre-Screening of Digital Materials
B. For Regulated Categories
(also applies to Non-regulated Categories)
i. With exclusivity claim - is a claim wherein the
product or service is the only one able to provide or
deliver said attribute/ property/ feature
ii. With comparative claim - is claiming advantage over
another brand or service, previous formulation/
properties or set of products. This claim must
always be properly qualified as to what it compares
itself against
Required Pre-Screening of Digital Materials
For Regulated Categories
(also applies to Non-Regulated Categories)
iii. With superiority claim - means a product or service is above
and better than ALL other competitors in the category in
all material respects, mainly when it comes to product
performance or service delivery.
iv. With absolute claim - is a claim that promises a guarantee
of full delivery in product performance at all times
Examples:
- Tiyak na masarap
- Sure win
- No wetness guaranteed
- Sigurado ang balik ng pera mo!
Required Pre-Screening of Digital Materials
For Regulated Categories
(also applies to Non-Regulated Categories)
c. With direct/ brand-identified comparison on
categories where such comparison is allowed:
i. Automotive vehicles
ii. Consumer durables such as but are not limited
to appliances, audio-visual equipment,
electronic gadgets
iii. Airline and Shipping Lines
iv. Musical instruments, entertainment equipment
v. Mobile products like cellular handsets, tablets,
laptops and netbooks
Required Pre-Screening of Digital Materials
For Regulated Categories
(applies also to Non-regulated Categories)
d. With sexy tones, exposure of human body/ parts,
similar subject or execution (refer to Annex 3
Technical Guidelines, Art. I, Sec. 4)
e. With tones of violence or similar subject or execution
such as but are not limited to explosives and other
dangerous products (Art. I, Sec. 5)
Required Pre-Screening of Digital Materials
For Regulated Categories
(also applies to Non-regulated Categories)
f. With product or service performance claims (ingredient,
action, benefit/ promise)
g. Promotions
ADDITIONAL Required Pre-Screening of
Digital Materials for Regulated Categories
With DTI/FDA/CAB promo
permit
Need to clear with ASC
Without DTI/FDA promo permit Post screened; However, if a
complaint is filed against said
promo ad material or if the
material is monitored by ASC
(motu propio), then ASC will refer
complaint to DTI for review and
appropriate action (Rule V, Sec 1 &
Rule VII, Sec 2.2.4)
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
PAID OR OWNED
1. Greetings with brand mention provided these follow/
are compliant with government regulations and have
no product claims
2. Countdowns and time checks with brand mention
provided these follow /are compliant with government
regulations and have no product claims
Post-Screening of Digital Materials
For Regulated Categories
PAID OR OWNED
3. Announcements of concerts or special events with
brand mention provided these follow/are compliant
with government regulations and have no claims.
Post-Screening of Digital Materials
For Regulated Categories
Notes on Post-Screening of Ads:
a. There is no prescription period for complaints on
post-screened ads.
b. The post-screening panel can question claim/s or
element/s of the ad outside of those complained on.
c. If in the process of post-screening, the material was
found to be in violation, a CDO will be issued.
If the material should have been pre-screened but
was not cleared with ASC, corresponding penalty
will be imposed (Refer to Annex 5 ASC Penalties).
Post-Screening of Digital Materials
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
Notes on Post-Screening of Ads:
d. The Advertiser has the ultimate and final responsibility
as well as ownership of the material in question.
e. Complaint can be filed on a digital ad material by a
direct or indirect competitor, or any party of interest,
including the ASC (motu propio).
Post-Screening of Digital Materials
2. User-generated Content
a. Facebook posts by consumers (with or without claims)
- No need to clear with ASC if:
a. Shared by Brand AS IS, with the name of the
consumer who made the comment shown.
b. Copied and pasted on the brand/company website
AS IS, with the name of the consumer who made
the comment shown
- Needs to clear with ASC if:
a. Comment/post is turned into an ad by the brand
b. Boosted by the brand
Post-Screening of Digital Materials
For Regulated Categories
2. User-generated Content
b. Bloggers
- Note: It is the responsibility of the Brand Group/Ad
Agency to:
a. provide bloggers with truthful facts about the
brand, which include claims that are substantiated.
b. forewarn the bloggers from writing exaggerated
claims about the brand.
Post-Screening of Digital Materials
For Regulated Categories
2. User-generated Content
b. Bloggers
-Blogs are post-screened. However, competitors,
concerned citizens, the ASC and respective
government regulatory body under which the brand
falls can complain about the post.
For complaints lodged by competitors, concerned
citizens and by ASC, a post-screen hearing will be
conducted. If found in violation, a CDO will be issued
and appropriate penalty will be imposed.
Post-Screening of Digital Materials
For Regulated Categories
2. User-generated Content
b. Bloggers
-Blogs are post-screened.
For complaints raised by the respective government
regulatory body, and a CDO is issued by said body, ASC
will automatically issue a CDO for the material without
the benefit or a hearing and appropriate penalty will
be imposed.
Post-Screening of Digital Materials
For Regulated Categories
Notes on Post-Screening of Ads:
a. There is no prescription period for complaints on
post-screened ads.
b. The post-screening panel can question claim/s or
element/s of the ad outside of those complained on.
c. If in the process of post-screening, the material was
found to be in violation, a CDO will be issued.
If the material should have been pre-screened but
was not cleared with ASC, corresponding penalty
will be imposed (Refer to Annex 5 ASC Penalties).
Post-Screening of Digital Materials
Offense Penalty
Airing/publication/
installation or display
without proper ASC
clearance
Refer to Manual of
Procedures Rule I, Section 3
for materials covered by the
ASC rules.
1st Offense – P100,000
2nd Offense – P200,000 plus non-screening of
advertising materials of the product concerned for
three (3) months. The guilty party may opt to pay
P500,000 in lieu of non-screening for three (3)
months, thus the total to be paid is P700, 000.
3rd Offense – P300,000 plus non-screening of
advertising materials of the product concerned for
one (1) year. The guilty party may opt to pay
P1,500,000 in lieu of non-screening for one (1)
year, thus the total to be paid is P1,800,000.
• Non-payment of penalties shall result to
non-screening of materials of the product
concerned.
Penalty for Pre-Screening Violation
Notes on Post-Screening of Ads:
d. Article V Section 4-g: “Testimonials based solely on
subjective judgement are allowed provided they are not
presented as statements of fact. When such testimonials
include specific claims regarding product or service
performance, the ad must be pre-screened and the claims
must be supported with independent evidence on the
accuracy of, or consistent with, the actual product or service
performance.”
e. Article V Section 4-h.2: “Testimonials shall not be used to
circumvent the requirement for substantiation other than the
testimony itself.”
Post-Screening of Digital Materials
Above-the-line (ATL) materials like TV, radio, print and non-
broadcast materials like outdoor and cinema ads which have
been given clearance to air/publish/display can be used in the
digital space and will not require separate application/ clearance,
under the following conditions:
1. The identical material is posted or used on digital media;
2. The posting of the approved ATL material in digital media is
within the ATL material’s validity period.
3. The ATL’s Reference Number is included in the digital post
(either in caption or description box)
4. For static digital material which is not identical to original ATL
material in terms of lay-out but makes use of copy and
visuals of said previously-approved print/OOH/collateral
material, and the new static digital material does not
contain any other new claims that require pre-screening.
Updated Rule on Multi-Media Use
Advertiser may archive all of its ad materials in its own
digital portal, e.g., website or fb page provided:
1. CDO’ed materials SHOULD NOT be included in the
archive, otherwise this may be subject to a CDO violation
complaint by competitor
2. Archived materials SHOULD indicate original airing/
approval period WITHIN the material.
3. If the advertiser will re-share, re-post, boost etc. an
archived material which has any of the 5 claims that need
pre-clearance, then the advertiser needs to re-apply with
the ASC and provide updated data/substantiation for said
claims.
Updated Rules as Digital Orientation Progresses
Type of Material Length Member
Non-
Member
Digital Static Ads/ Display Ads/Banner
Ads/Search Ads/ Electronic Direct Mail All sizes 550.00 660.00
Digital/Internet/Mobile Video Ads 5s - 30s 1,430.00 1,650.00
31s - 60s 2,750.00 3,300.00
Above 1 min.
but not more
than 5 min.
4,125.00 4,950.00
Above 5 min. 7,150.00 8,250.00
"Native Ads" 550.00 660.00
Sponsored or ''Paid'' Blog Posts
550.00 660.00
Multiple Digital Usage of
Claims/Lines/Visuals in A Single Application
1 – 10 lines
11 lines or more
550.00/
claim
450.00/
claim
660.00/
claim
550.00/
claim
ASC Digital Rates
Non-regulated
categories
Without FDA/DTI
promo permit
No need to pre-screen with ASC
With FDA/DTI
promo permit
Post screened
However, if there is a complaint, ASC
will refer case to DTI for review and
appropriate action
Regulated
Categories
Without FDA/DTI
promo permit
Post screened
However, if there is a complaint, ASC
will refer case to DTI for review and
appropriate action
With
FDA/DTI/CAB
promo permit
Need ASC Clearance
Reminders on Promotions
1. It is the client/advertiser’s responsibility to ensure
that all communication materials are compliant
with the Code of Ethics and Manual of Procedures
- claims must be supported
- ASC procedures are strictly followed
2. Be ethical and thorough in everything that you do.
Too much is at stake – your brand’s reputation and
your company’s LTO maybe revoked by FDA or DTI
3. Please read and understand the ASC Code of Ethics and
Manual of Procedures
Reminders
Thank you!

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  • 1. Digital Guidelines for Non-Regulated and Regulated Categories (In Coordination with IMMAP) January 31, and February 1-3, 7-10, 13
  • 2. Objective of this Session For participants to have a better understanding of the Digital Guidelines for Non-Regulated and Regulated Categories
  • 3. ASC Mandate Protect consumers from misleading, fraudulent, and offensive advertising
  • 4. 1. The Laws of the Land a. The Philippine Constitution b. Republic Act No. 7394 (Consumer Act of the Phils.) c. DOH-FDA d. DTI e. NTC and other government agencies f. The Milk Code g. The Magna Carta for Women, etc. 2. The ASC Code of Ethics & Manual of Procedures 3. AdBoard and ASC Precedent Decisions The ASC is guided by the following:
  • 5. Digital Materials Regulated Categories: • Alcohol Beverages • Over-The-Counter (OTC) Drugs • Health/Food/Dietary Supplements • Products under the Milk Code • Airline & Other Carriers Promo Fares Non – Regulated Categories: • All other products
  • 6. PAID • An advertising or communication material that is commissioned by an Advertiser/Agency and is paid for a commercial purpose or goal, and placed on a 3rd party site. Payment may be in cash or kind, direct or indirect Examples: ads in Google Adwords, FB banners, etc. Digital Materials Covered
  • 7. OWNED • An advertising or communication material created for/by the advertiser and posted on a site that is owned by the brand or advertiser Examples: company websites, eBooks, free whitepapers, blog posts, other social media sites • Refers to materials directed to a general audience or public and not to specific trade or professional group Digital Materials Covered
  • 8. • USER /3rd PARTY GENERATED CONTENT (e.g. ABS-CBN, Coconuts, Rappler, FB posts by consumers) • KEY ONLINE INFLUENCERS (KOL) (Bloggers, publicists) Digital Materials Covered
  • 9. 1. Political Ads 2. Ads from religious orgs except concerts, shows, special events not directly related to the org’s essence 3. Emergency public service announcements 4. National, line agencies, and LGUs ads coursed through PIA 5. Movie trailers, station IDs & network plugs 6. Non-profit orgs, NGOs and foundations that do not have sponsors/advertisers Materials Not Covered
  • 12. 1. Consumer promotions in digital media do not require pre-screening Post-Screening of Digital Materials For Non-Regulated Categories Promotions without DTI/FDA promo permit No need to clear Promotions with DTI/FDA promo permit Post screened; However, if a complaint is filed against said promo ad material or if the material is monitored by ASC (motu propio), then ASC will refer complaint to DTI for review and appropriate action. (Rule V, Sec 1 & Rule VII, Sec 2.2.4)
  • 13. Notes on Post-Screening of Ads: a. There is no prescription period for complaints on post-screened ads. b. The post-screening panel can question claim/s or element/s of the ad outside of those complained on. c. If in the process of post-screening, the material was found to be in violation, a CDO will be issued. If the material should have been pre-screened but was not cleared with ASC, corresponding penalty will be imposed (Refer to Annex 5 ASC Penalties). Post-Screening of Digital Materials
  • 14. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 15. Notes on Post-Screening of Ads: d. The Advertiser has the ultimate and final responsibility as well as ownership of the material in question e. Complaint can be filed on a digital advertising material by a direct or indirect competitor or any party of interest, including ASC (motu propio). A party of interest should be individuals who do not have direct dealings with or business interest in the brand. Post-Screening of Digital Materials
  • 16. 2. User-generated Content a. Facebook posts by consumers (with or without claims) - No need to clear with ASC if: a. Shared by Brand AS IS, with the name of the consumer who made the comment shown. b. Copied and pasted on the brand/company website AS IS, with the name of the consumer who made the comment shown - Needs to clear with ASC if: a. Comment/post is turned into an ad by the brand b. Boosted by the brand Post-Screening of Digital Materials For Non-Regulated Categories
  • 17. 2. User-generated Content b. Bloggers - Note: It is the responsibility of the Brand Group/ Ad Agency to: a) provide bloggers with truthful facts about the brand, which include claims that are substantiated. b) forewarn the bloggers from writing exaggerated claims about the brand. Post-Screening of Digital Materials For Non-Regulated Categories
  • 18. 2. User-generated Content b. Bloggers -Blogs are post-screened. However, competitors, concerned citizens, the ASC and respective government regulatory body, under which the brand falls, can complain about the post. For complaints lodged by competitors, concerned citizens and by ASC, a post-screen hearing will be conducted. If found in violation, a CDO will be issued and appropriate penalty will be imposed. Post-Screening of Digital Materials For Non-Regulated Categories
  • 19. 2. User-generated Content b. Bloggers -Blogs are post-screened. For complaints raised by the respective government regulatory body, and a CDO is issued by said body, ASC will automatically issue a CDO for the material without the benefit or a hearing and appropriate penalty will be imposed. Post-Screening of Digital Materials For Non-Regulated Categories
  • 20. Notes on Post-Screening of Ads: a. There is no prescription period for complaints on post-screened ads. b. The post-screening panel can question claim/s or element/s of the ad outside of those complained on. c. If in the process of post-screening, the material was found to be in violation, a CDO will be issued. If the material should have been pre-screened but was not cleared with ASC, corresponding penalty will be imposed (Refer to Annex 5 ASC Penalties). Post-Screening of Digital Materials
  • 21. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 22. Notes on Post-Screening of Ads: d. Article V Section 4-g: “Testimonials based solely on subjective judgement are allowed provided they are not presented as statements of fact. When such testimonials include specific claims regarding product or service performance, the ad must be pre-screened and the claims must be supported with independent evidence on the accuracy of, or consistent with, the actual product or service performance.” e. Article V Section 4-h.2: “Testimonials shall not be used to circumvent the requirement for substantiation other than the testimony itself.” Post-Screening of Digital Materials
  • 23. a. With No. 1 claim (Volume and corresponding peso value based on immediate past 12 months’ cumulative data) b. With the following product or service claim/s that need/s to be substantiated: i. With exclusivity claim ii. With comparative claim iii. With superiority claim iv. With absolute claim Required Pre-Screening of Digital Materials B. For Non-Regulated Categories (also applies to Regulated Categories)
  • 24. i. With exclusivity claim - is a claim wherein the product or service is the only one able to provide or deliver said attribute/ property/ feature. ii. With comparative claim - is claiming advantage over another brand or service, previous formulation/ properties or set of products. This claim must always be properly qualified as to what it compares itself against. Required Pre-Screening of Digital Materials For Non-regulated Categories (also applies to Regulated Categories)
  • 25. iii. With superiority claim - means a product or service is above and better than ALL other competitors in the category in all material respects, mainly when it comes to product performance or service delivery. iv. With absolute claim - is a claim that promises a guarantee of full delivery in product performance at all times Examples: - Tiyak na masarap - Sure win - No wetness guaranteed - Sigurado ang balik ng pera mo! Required Pre-Screening of Digital Materials For Non-regulated Categories (also applies to Regulated Categories)
  • 26. c. With direct/ brand-identified comparison on categories where such comparison is allowed: i. Automotive vehicles ii. Consumer durables such as but are not limited to appliances, audio-visual equipment, electronic gadgets iii. Airline and Shipping Lines iv. Musical instruments, entertainment equipment v. Mobile products like cellular handsets, tablets, laptops and netbooks Required Pre-Screening of Digital Materials For Non-Regulated Categories ( also applies to Regulated Categories)
  • 27. d. With sexy tones, exposure of human body/ parts, similar subject or execution (Annex 3 Technical Guidelines, Art. I, Sec. 4) e. With tones of violence or similar subject or execution such as but are not limited to explosives and other dangerous products (Art. I, Sec. 5) Required Pre-Screening of Digital Materials For Non-Regulated Categories (applies also to Regulated Categories)
  • 28. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 30. Digital Materials Regulated Categories are subject to pre-screening, therefore ASC Clearance is a must.
  • 31. Digital Materials Regulated Categories 1. Alcohol Beverages 2. Over-The-Counter (OTC) Drugs 3. Health/Food/Dietary Supplements 4. Products under the Milk Code 5. Airline & Other Carriers Promo Fares
  • 32. a. With No. 1 claim (Volume and corresponding peso value based on immediate past 12 months’ cumulative data) b. With the following product or service claim/s that need/s to be substantiated: i. With exclusivity claim ii. With comparative claim iii. With superiority claim iv. With absolute claim Required Pre-Screening of Digital Materials B. For Regulated Categories (also applies to Non-regulated Categories)
  • 33. i. With exclusivity claim - is a claim wherein the product or service is the only one able to provide or deliver said attribute/ property/ feature ii. With comparative claim - is claiming advantage over another brand or service, previous formulation/ properties or set of products. This claim must always be properly qualified as to what it compares itself against Required Pre-Screening of Digital Materials For Regulated Categories (also applies to Non-Regulated Categories)
  • 34. iii. With superiority claim - means a product or service is above and better than ALL other competitors in the category in all material respects, mainly when it comes to product performance or service delivery. iv. With absolute claim - is a claim that promises a guarantee of full delivery in product performance at all times Examples: - Tiyak na masarap - Sure win - No wetness guaranteed - Sigurado ang balik ng pera mo! Required Pre-Screening of Digital Materials For Regulated Categories (also applies to Non-Regulated Categories)
  • 35. c. With direct/ brand-identified comparison on categories where such comparison is allowed: i. Automotive vehicles ii. Consumer durables such as but are not limited to appliances, audio-visual equipment, electronic gadgets iii. Airline and Shipping Lines iv. Musical instruments, entertainment equipment v. Mobile products like cellular handsets, tablets, laptops and netbooks Required Pre-Screening of Digital Materials For Regulated Categories (applies also to Non-regulated Categories)
  • 36. d. With sexy tones, exposure of human body/ parts, similar subject or execution (refer to Annex 3 Technical Guidelines, Art. I, Sec. 4) e. With tones of violence or similar subject or execution such as but are not limited to explosives and other dangerous products (Art. I, Sec. 5) Required Pre-Screening of Digital Materials For Regulated Categories (also applies to Non-regulated Categories)
  • 37. f. With product or service performance claims (ingredient, action, benefit/ promise) g. Promotions ADDITIONAL Required Pre-Screening of Digital Materials for Regulated Categories With DTI/FDA/CAB promo permit Need to clear with ASC Without DTI/FDA promo permit Post screened; However, if a complaint is filed against said promo ad material or if the material is monitored by ASC (motu propio), then ASC will refer complaint to DTI for review and appropriate action (Rule V, Sec 1 & Rule VII, Sec 2.2.4)
  • 38. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 39. PAID OR OWNED 1. Greetings with brand mention provided these follow/ are compliant with government regulations and have no product claims 2. Countdowns and time checks with brand mention provided these follow /are compliant with government regulations and have no product claims Post-Screening of Digital Materials For Regulated Categories
  • 40. PAID OR OWNED 3. Announcements of concerts or special events with brand mention provided these follow/are compliant with government regulations and have no claims. Post-Screening of Digital Materials For Regulated Categories
  • 41. Notes on Post-Screening of Ads: a. There is no prescription period for complaints on post-screened ads. b. The post-screening panel can question claim/s or element/s of the ad outside of those complained on. c. If in the process of post-screening, the material was found to be in violation, a CDO will be issued. If the material should have been pre-screened but was not cleared with ASC, corresponding penalty will be imposed (Refer to Annex 5 ASC Penalties). Post-Screening of Digital Materials
  • 42. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 43. Notes on Post-Screening of Ads: d. The Advertiser has the ultimate and final responsibility as well as ownership of the material in question. e. Complaint can be filed on a digital ad material by a direct or indirect competitor, or any party of interest, including the ASC (motu propio). Post-Screening of Digital Materials
  • 44. 2. User-generated Content a. Facebook posts by consumers (with or without claims) - No need to clear with ASC if: a. Shared by Brand AS IS, with the name of the consumer who made the comment shown. b. Copied and pasted on the brand/company website AS IS, with the name of the consumer who made the comment shown - Needs to clear with ASC if: a. Comment/post is turned into an ad by the brand b. Boosted by the brand Post-Screening of Digital Materials For Regulated Categories
  • 45. 2. User-generated Content b. Bloggers - Note: It is the responsibility of the Brand Group/Ad Agency to: a. provide bloggers with truthful facts about the brand, which include claims that are substantiated. b. forewarn the bloggers from writing exaggerated claims about the brand. Post-Screening of Digital Materials For Regulated Categories
  • 46. 2. User-generated Content b. Bloggers -Blogs are post-screened. However, competitors, concerned citizens, the ASC and respective government regulatory body under which the brand falls can complain about the post. For complaints lodged by competitors, concerned citizens and by ASC, a post-screen hearing will be conducted. If found in violation, a CDO will be issued and appropriate penalty will be imposed. Post-Screening of Digital Materials For Regulated Categories
  • 47. 2. User-generated Content b. Bloggers -Blogs are post-screened. For complaints raised by the respective government regulatory body, and a CDO is issued by said body, ASC will automatically issue a CDO for the material without the benefit or a hearing and appropriate penalty will be imposed. Post-Screening of Digital Materials For Regulated Categories
  • 48. Notes on Post-Screening of Ads: a. There is no prescription period for complaints on post-screened ads. b. The post-screening panel can question claim/s or element/s of the ad outside of those complained on. c. If in the process of post-screening, the material was found to be in violation, a CDO will be issued. If the material should have been pre-screened but was not cleared with ASC, corresponding penalty will be imposed (Refer to Annex 5 ASC Penalties). Post-Screening of Digital Materials
  • 49. Offense Penalty Airing/publication/ installation or display without proper ASC clearance Refer to Manual of Procedures Rule I, Section 3 for materials covered by the ASC rules. 1st Offense – P100,000 2nd Offense – P200,000 plus non-screening of advertising materials of the product concerned for three (3) months. The guilty party may opt to pay P500,000 in lieu of non-screening for three (3) months, thus the total to be paid is P700, 000. 3rd Offense – P300,000 plus non-screening of advertising materials of the product concerned for one (1) year. The guilty party may opt to pay P1,500,000 in lieu of non-screening for one (1) year, thus the total to be paid is P1,800,000. • Non-payment of penalties shall result to non-screening of materials of the product concerned. Penalty for Pre-Screening Violation
  • 50. Notes on Post-Screening of Ads: d. Article V Section 4-g: “Testimonials based solely on subjective judgement are allowed provided they are not presented as statements of fact. When such testimonials include specific claims regarding product or service performance, the ad must be pre-screened and the claims must be supported with independent evidence on the accuracy of, or consistent with, the actual product or service performance.” e. Article V Section 4-h.2: “Testimonials shall not be used to circumvent the requirement for substantiation other than the testimony itself.” Post-Screening of Digital Materials
  • 51. Above-the-line (ATL) materials like TV, radio, print and non- broadcast materials like outdoor and cinema ads which have been given clearance to air/publish/display can be used in the digital space and will not require separate application/ clearance, under the following conditions: 1. The identical material is posted or used on digital media; 2. The posting of the approved ATL material in digital media is within the ATL material’s validity period. 3. The ATL’s Reference Number is included in the digital post (either in caption or description box) 4. For static digital material which is not identical to original ATL material in terms of lay-out but makes use of copy and visuals of said previously-approved print/OOH/collateral material, and the new static digital material does not contain any other new claims that require pre-screening. Updated Rule on Multi-Media Use
  • 52. Advertiser may archive all of its ad materials in its own digital portal, e.g., website or fb page provided: 1. CDO’ed materials SHOULD NOT be included in the archive, otherwise this may be subject to a CDO violation complaint by competitor 2. Archived materials SHOULD indicate original airing/ approval period WITHIN the material. 3. If the advertiser will re-share, re-post, boost etc. an archived material which has any of the 5 claims that need pre-clearance, then the advertiser needs to re-apply with the ASC and provide updated data/substantiation for said claims. Updated Rules as Digital Orientation Progresses
  • 53. Type of Material Length Member Non- Member Digital Static Ads/ Display Ads/Banner Ads/Search Ads/ Electronic Direct Mail All sizes 550.00 660.00 Digital/Internet/Mobile Video Ads 5s - 30s 1,430.00 1,650.00 31s - 60s 2,750.00 3,300.00 Above 1 min. but not more than 5 min. 4,125.00 4,950.00 Above 5 min. 7,150.00 8,250.00 "Native Ads" 550.00 660.00 Sponsored or ''Paid'' Blog Posts 550.00 660.00 Multiple Digital Usage of Claims/Lines/Visuals in A Single Application 1 – 10 lines 11 lines or more 550.00/ claim 450.00/ claim 660.00/ claim 550.00/ claim ASC Digital Rates
  • 54. Non-regulated categories Without FDA/DTI promo permit No need to pre-screen with ASC With FDA/DTI promo permit Post screened However, if there is a complaint, ASC will refer case to DTI for review and appropriate action Regulated Categories Without FDA/DTI promo permit Post screened However, if there is a complaint, ASC will refer case to DTI for review and appropriate action With FDA/DTI/CAB promo permit Need ASC Clearance Reminders on Promotions
  • 55. 1. It is the client/advertiser’s responsibility to ensure that all communication materials are compliant with the Code of Ethics and Manual of Procedures - claims must be supported - ASC procedures are strictly followed 2. Be ethical and thorough in everything that you do. Too much is at stake – your brand’s reputation and your company’s LTO maybe revoked by FDA or DTI 3. Please read and understand the ASC Code of Ethics and Manual of Procedures Reminders