For broadcast and cinema ads:
For any broadcast materials (TVC and RC) and Cinema ad, when complained and issued a Cease and Desist Order (CDO), the CDO’d material/s must not be on air/exhibited effective five (5) working days from receipt of the CDO by the Advertiser and/or official Ad Agency-of-Record or its official representative. Media/networks will also be advised of the CDO.
For Out-of-Home ads
a. Billboards (Electronic or Static display)For merchandising materials:
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 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.
b. Street Furniture / Fixtures & Transit Ads (lamp post banners, bus, MRT/Train, building, airplane)
For street furniture and transit ads not previously approved by the ASC, effective date of the CDO is ten (10) calendar days from receipt of the CDO notice by the Advertiser/Ad Agency.
For merchandising materials, PoS, PoPs (e.g., posters and collaterals) CDO’d due to violation of the ASC Code of Ethics 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 digital ads:
Internet or Digital advertisements (Third-party UGC (User Generated Content) and/or viral marketing which contain CDO’d claims that has been distributed or propagated by the advertiser must be pulled out effective five (5) working from receipt of the ASC Decision by the advertiser and/or advertising agency or its official representative.Penalties for Offenses/Violation against/of CDOs For merchandising materials:
For all other ads and totality of penalties:
An advertiser shall be penalized every time the violative material continues to be aired/published displayed after the prescribed deadline of pull-out/pull-down of violative materials.
Each violation regardless of medium committed by the advertiser/ad agency of the CDO and its corresponding deadline shall merit a penalty; and shall be cumulatively considered. The next offense penalty shall be imposed three (3) days after (i) the previous penalty has been imposed and (ii) the advertiser has been notified. To illustrate, a violative billboard must be pulled down 7 calendar days from receipt of CDO. If on the 8th day, the billboard is still displayed, this merits a 1st offense penalty. If on the 12th day, it is still displayed, this merits a 2nd offense penalty. If on the 31st day, a violative POSM is still displayed, this merits a 3rd offense penalty.
The TechCom shall prioritize CDO sanction cases. In case of unavoidable delay on the part of TechCom to decide or in the absence of an applicable rule, the TechCom shall have discretion to issue the penalty that is fair under the circumstances.Implementation of a Government Agency’s CDO
The ASC shall continue to cooperate and assist in the implementation of CDOs issued by government agencies (e.g., BFAD, DOH, DOA, DTI, etc) on a voluntary basis.
The ASC shall implement its corresponding CDO effective immediately for products or brands issued a CDO by a government agency or office and with materials currently on air or being published or displayed. Recall of Clearance to Air (RCA)
The ACS shall be issue a Recall of Clearance to air due to any of the following:
1. Government agency ruling
2. Violation of the Law of the Land
3. Reasons of technicality upon the determination of the TechCom
4. Widespread concern on public safety or sensitivity
For reasons of technicality, the ASC shall give due process to the Advertiser/Ad Agency being complained on prior to the issuance of the RCA. The TechCom, through the ASC Executive Director, shall notify the Advertiser/Ad Agency of the recall, the complaint and rationale for the recall. The ASC may also invite the Advertiser/Ad Agency to respond to the complaint. The RCA shall be issued after review of the TechCom of the case and issues.