Sanctions and Penalties

CDO Compliance Report

A pdf version of the code can be downloaded here

ASC_Guidebook

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Section 2.  CDO Compliance Report

Section 2.  CDO Compliance Report

 The Advertiser/Ad Agency shall submit a compliance report on the CDO’d material within five (5) work days from receipt of the CDO notice.

  • The compliance report shall contain the details of the CDO’d materials, e.g. type of materials, coverage, distribution, quantities involved, pull-out schedule, or reports. It shall be regularly updated until substantial compliance on the CDO’d material has been implemented or reached.
  • The Tech Com shall determine whether or not the Advertiser/Ad Agency has substantially complied with the
  • Failure to submit a compliance report may result in sanctions and penalties due to monitoring of banned ad/s or material/s by the ASC or the Complainant of the case.

  Print Ads, Billboards, and Digital Materials

  • When Print, OOH, and Digital 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/ posting without proper ASC Clearance shall be imposed upon determination of the infraction.
  • When post-screened and complained print ads, billboards, and digital materials are found to be in violation of the ASC Code of Ethics and/or Manual of Procedures, the CDO takes effect immediately upon receipt of the CDO by the Advertiser/Ad Agency.
    • Advertisers/Ad Agencies whose print/ collateral material has been issued a CDO must advise the ASC in writing, within twenty-four (24) hours upon receipt of the emailed decision, of any advance placement that can no longer be cancelled. The ASC emailed decision will have MESSAGE RECEIVED and MESSAGE READ report to the ASC to ensure delivery and receipt.
    • Failure to advise will subject those placements to sanctions, as stipulated in Annex 5 of the Manual of Procedures.
    • The written advice on the non-cancellable print placement must be accompanied with Agency Publication Order/s and Publisher’s Certification/s.
    • The Executive Director and/or the Operations Manager, or the Presiding Chairman, or the Tech Com Chairman may verify whether the material is really non-cancellable.
    • Any subsequent material of the brand after a CDO must be pre-screened.
    • Any revision on the CDO’d material must be pre- screened prior to publication.

Refer to Annex 8 of the Code of Ethics for Digital Guidelines on Pre-Screening & Post-Screening of Non-Regulated and Regulated Categories.

  •  Broadcast Media (TV and Radio) and Cinema Materials

For broadcast materials (TVC and RC) and Cinema ad, when complained and have been issued a Cease and Desist Order (CDO), the CDO’d material/s must not be on air/exhibited effective five (5) work days from receipt of the Order by the Advertiser and/or official Ad Agency-of-Record or its official representative.

Media/networks, through KBP, will also be advised of the CDO.

  •  Static or Moving Out-Of-Home Ads
    • Static or Moving Billboard Ads

For all billboards or similar types, previously approved by the ASC prior to its display or installation, but found to be in violation of the ASC Code of Ethics and Manual of Procedures 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, no extension.

    • Street Furniture / Fixtures & Transit Ads (lamppost banners, bus, MRT/ train, building, airplane, etc.)

For street furniture and transit ads not previously approved by the ASC, effective date of the CDO is seven (7) calendar days from receipt of the CDO notice by the Advertiser/Ad Agency, no extension.

  • Merchandising Materials and Similar Ads

For merchandising materials, Point-of-Sale (POS), Point-of-Purchase (POP), e.g., posters and collaterals, CDO’d due to violation of the ASC Code of Ethics and/or Manual of Procedures after a post-screening and/or case hearing brought 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 for Metro Manila and key cities and sixty (60) calendar days for areas in rural Philippines, no extension.

  •  Internet/Digital/Mobile Ads

Internet, Digital, or Mobile advertisements and/or viral marketing that contain claim/s disallowed through a CDO must be pulled out effective five (5) work days from receipt of the ASC Decision by the Advertiser and/or Ad Agency or their official representative, no extension.