Section 1. Cases for Elevation to the Tech Com
- Complaints that are patently in violation of the Laws of the Land, and/or the ASC Code of Ethics and Manual of Procedures.
The Executive Director or Operations Manager shall elevate to the Tech Com complaints that are patently in violation of the Laws of the Land, and/or the ASC Code of Ethics and the Manual of Procedures. The Executive Director may issue the Cease-and-Desist Order (CDO) on the material being complained in consultation with the Tech Com if such complaint is deemed patently in violation of the Laws of the Land, and/or the ASC Advertising Code of Ethics and Manual of Procedures, e.g., absence of generic name, mandatory tags, and other similar violations.
- Issues arising from the Screening and/or Hearing Panel that are technical or procedural in nature.
The Presiding Chairman of the Screening or Hearing Panel shall elevate to the Tech Com those issues arising from the Screening or Hearing Panel that are technical or procedural in nature. 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 cases, the decision shall be withheld until the technical issue is resolved.
The Tech Com shall decide on the issue within three (3) work days from the time the issue is elevated to it.
- Appeal to an Extension of a Disapproval
- Disapproval of a claim, copy, visual, slogan, or lack of government mandatory statement/s contained in a particular advertisement shall be extended to the same or substantially the same claim, copy, visual, slogan, or lack of government mandatory statement/s used in another advertising medium in another context.
- In case there is a difference in the context or set up which leads to reasonable doubt on whether the claim, copy, visual, or slogan is substantially the same, the Advertiser/ Ad Agency can elevate the issue to the Tech Com within three (3) work days after the receipt of the disapproval.
- The Tech Com shall decide within three (3) work days from receipt of the request for clarification, after which, there shall be a presumption that the claim, copy, visual, or slogan is not the same until the Tech Com issues a decision.
- During the period of presumption, parties shall observe the status quo and the Advertiser/Ad Agency shall be deemed in good faith and thus, shall not be penalized.