ASC Circular 2024-006 – Moratorium on the Implementation of ASC Pre-screening of Digital Promo Materials

Due to the request of the Philippine Association of National Advertisers (PANA) to defer the implementation of the new guidelines on the pre-screening of digital materials of all promotions with permits issued by the concerned government regulatory bodies, the Ad Standards Council (ASC) is announcing a moratorium in the implementation on the rules on pre-screening of digital promotional materials, as well as the implementation of penalties, effective Monday, May 13, 2024 pending the submission of a position paper.

However, the ASC will maintain the status quo on the implementation of the rules governing pre-screening of digital promotional materials for:

1. Brands falling under the five (5) mandatory categories, namely:
   • Over-the-Counter Drugs (OTC) and Home Remedy (HR) Products
   • Food Supplements
   • Products falling under the Milk Code
   • Alcohol Beverages
   • Transport Promo Fares (e.g., airlines, TNVS, etc.)
2. Promo materials with any of the five (5) MUST SCREEN claims:
   • Leadership or Number 1 claim
   • Absolute Claim
   • Comparative Claim
   • Exclusivity Claim
   • Superiority Claim
3. Promo materials with sexy tones or tones of violence.
4. Promo materials with direct (brand specified) comparison.
5. Promo materials to be implemented in must-screen media (Broadcast and OOH).

Brands which will implement digital materials falling under any of the five (5) aforementioned situations, WITHOUT ASC pre-screening, and which will be reported by competitors or monitored by the ASC through its motu proprio authority, will be issued a Notice to Explain why the advertiser/brand owner should not be penalized.

Once the PANA’s position paper has been reviewed by the ASC Technical Committee and an agreement has been reached on the pre-screening guidelines of digital materials of all promotions with permit issued by the concerned government regulatory bodies, a new circular will be released by ASC for the information of the various sectors of the Advertising industry.

For your guidance and strict compliance.