Section 2. Industry Volunteers
ASC Panelists
The composition of the ASC Panelists is based on the principle of equal representation from among the three (3) advertising sectors: the Advertiser, the Advertising Agency, and the Media. ASC has a pool of industry volunteers nominated by their respective associations based on their experience in marketing and/or advertising campaign development and evaluation. The ASC Panelists go through an orientation seminar and periodic review on ASC rules and procedures. They sign a vow of confidentiality and declare account involvement to avoid Conflict of Interest (COI).
Composition of the Screening/Hearing/Appeal Panel
Screening Panel (Refer to Panel)
A Screening Panel is convened to review ads which are directly referred by the Professional Screeners. It is also convened to review complaints on materials which are excluded in the pre-screening guidelines.
During a session, a quorum shall consist of three (3) ASC Panelists, ideally representing at least two (2) of the three (3) founding sectors, namely: PANA, 4As, and KBP.
Only in cases of extreme emergency or in the absence of a quorum due to last minute cancellation by one of the Panelists can a Professional Screener be allowed to be a member of the Screening Panel. In such cases, he/she must not have a COI on the materials and must not be the Professional Screener who originally reviewed the material in question and referred to the Screening Panel. The Advertiser/Ad Agency whose material is being screened must be informed that a Professional Screener has been called on as the third member of the Screening Panel.
A Presiding Chairman (“PC”) shall be designated by the members of the Screening Panel en banc. The Professional Screener cannot serve as PC of any Screening Panel.
The PC shall lead the discussions and deliberations during the session ensuring that it is properly conducted, the provisions and potential violations are tackled, and a clear decision is reached. He/She breaks the tie on decisions when necessary and signs the required documents and commentary sheets along with the other members of the Screening Panel.
The PC may be called on as a resource person for a Hearing Panel, an Appeal, a Tech Com session, or whenever necessary, to expedite the decision of a case.
ASC Professional Screeners, technical experts, or other practitioners outside of the sectoral representation within the ASC, whose expertise and advice may be sought in screening particular advertising materials, may be invited to participate as resource persons in the Screening sessions. However, the resource persons shall not participate in the voting. The Panel shall decide by majority vote.
Post-Screening Panel
A post-screening panel is convened to review complaints filed by competitors, whether direct or indirect, any party of interest, government sector or consumers on materials not pre-screened by the ASC.
Hearing Panel
A Hearing Panel is convened primarily to review complaints filed by competitors, whether direct or indirect, any party-of-interest, government sectors, or consumers.
A quorum shall consist of five (5) ASC Panelists, provided that at least two (2) of the three (3) founding sectors, namely: PANA, 4As, and KBP are represented. Only ASC Panelists can sit as members of the Hearing Panel or a Panel convened for a Motion for Reconsideration or Appeal.
A Presiding Chairman (“PC”) shall be designated by the members of the Hearing Panel en banc.
The PC shall lead the discussions and deliberations of the Hearing session ensuring that it is properly conducted. He/She shall ensure that all provisions being complained on are tackled well and in an organized manner and that a clear decision is reached by the Panel. He/She breaks the tie on decisions when necessary, reviews and signs the formal decision given to the Complainant and Defendant.
The PC may also be called on as a resource person for a Motion for Reconsideration/ session, Technical Committee session, or whenever necessary.
ASC Professional Screeners, technical experts, or other practitioners outside of the sectoral representation within the ASC, whose expertise and advice may be sought in settling disputes concerning the content or claims of particular advertising materials, may be invited to participate in the Hearing sessions as resource persons. However, the resource persons shall not participate in the voting.
The Panel shall decide by majority vote.
Appeal Panel
An Appeal panel is convened when an Advertising/ Ad Agency files an appeal on the disapproval by a Professional Screener, by a Screening Panel, by a Post-Screening Panel, or by a 5-man Hearing Panel’s Decision.
Refer to Section 5, Appeal on Disapproval.
Technical Committee (Tech Com)
The Tech Com members are senior and seasoned practitioners in the industry who have served as volunteer panelists for at least three (3) years or have previously served as professional screeners for at least one (1) year. They should have extensive and substantial understanding of the ASC Code of Ethics and Manual of Procedures.
The ASC, through the Executive Director, shall identify the members of the TechCom upon consultation with the Executive Directors/Secretariat Head of the various member-associations of the ASC. The ASC ED will formally advise association heads of the recommended members. For consistency in interpretation and implementation of the ASC procedures, the TechCom members ideally will continue to serve until such time that they need to be replaced, e.g., retirement, resignation, and transfer to a company which is not a member of any association, overseas assignment, and inability to fulfill the demands of the committee for various personal and business reasons.
The TechCom consists of a Chairman and eleven (11) members from the following: three (3) each from KBP, PANA, and 4As and one (1) each from MSAP, IMMAP, and UPMG. They formulate, recommend, and interpret procedures and rules governing advertisements to the ASC Board for approval. Tech Com members may also serve as screening, hearing, and appeal panelists but they cannot be Presiding Chairman.
All issues on policies, rules, regulations, procedures, and their interpretations or concerns arising from technical matters or procedures, i.e., compliances with CDO, questions on prescription period of complaints, penalties for violations, etc., are referred to the Tech Com.
The ASC Chairman sits as ex-officio member of the ASC Technical Committee during its meetings. He/She cannot vote on any of the Tech Com cases.