Complaints Filed by Competitors on Any Party of Interest
Section 1. Complaints Filed by Competitors or Any Party of Interest
Print advertisements, merchandising materials, internet and mobile ads, and other materials with complaints and which are excluded in the screening guidelines, shall be post-screened.
Post-screened materials are treated as being screened for the first time.
- There is no prescription period for post-screened ads.
- The complainant shall pay post-screening fees and shall be present to substantiate the Since the material was not screened and approved by the ASC, the burden would be on the Defendant to prove the claims in question. The Panel may question any copy, claim, visual, or slogan even if these were not included in the complaint.
- Schedule for the post-screening of ads shall be The ASC shall exert its best effort to schedule the post-screening within three (3) work days from receipt of the complaint letter. No postponement of post-screening schedule shall be allowed. If any one party is not present during the case hearing, the Panel will proceed to hear the case and its decision will be based on its merit. In case both parties are not present during the schedule of post-screening, the ASC will not process the complaint. Complaint fee shall not be refunded.
- The decision shall be issued within two (2) work days and signed by the Presiding Chairman. The decision shall either be:
- Complaint is Valid – The material is rendered DISAPPROVED as there is failure to substantiate the copy claims or visual elements in question. A Cease-and-Desist Order (CDO) will be issued by the ASC and the media sector will be given a copy of the CDO for their guidance. If necessary, the Executive Director and/or the Operations Manager shall elevate the case to the Tech Com for appropriate action and/or penalty.
- Complaint is Not Valid – All issues raised by the Complainant and/or Panel were satisfactorily substantiated by the Advertiser/ Ad Agency. No CDO is issued.