CASBAA

Philippines

Advertising rules and guidelines for the Philippines are comprehensively described in two complementary codes: The Broadcast Code of The Philippines and The Standards of Advertising of the Advertising Standards Council.

The presentation of claims and testimonials in relation to pharmaceuticals and other health-care products and services are given a particularly detailed treatment in the codes.

‘No 1’ claims must be substantiated and clearly delineated and qualified. The claim must be objectively verifiable and no direct comparisons are allowed. Ingredients must be referred to with care so as to not over-state their importance and particular care needs to be taken not to imply impact on sexual performance or premature aging conditions. Particular care needs to be taken to qualify use of the word ‘tonic’.

Testimonials must be genuine and truthful, only used with the written permission of those giving them, and clearly qualified as personal experience or opinion using qualifiers such as ‘in my opinion’ or ‘in my experience’.

All references to laboratory data, statistics and scientific terms should be fairly presented in context and only to create the impression originally intended by the source. Documented, authoritative evidence should be submitted to substantiate tests by professionals and the claims based upon them.

Professionals should observe the ethics of their profession and the regulations of government bodies or institutions. Claims and endorsements by an individual, or a group of professionals must be based on expert evaluation. At least 15 months need to be allowed between endorsements that contradict or dispute previous competitive endorsements by the same individual.

Where medical practitioners cannot give endorsements due to the code of ethics and the laws governing his profession, similar endorsements by an actor playing the role of the medical practitioner are not allowed either.

Advertising minutes per hour	6-8 minutes. Self-regulation on ad supported cable channels.
Advertising revenue restrictions	No such limits known.
Tobacco	Conditions include the addition of a voice-over warning of at least 5 seconds per ad. The warning must occupy at least 50% of the screen, legible and audible in black and white. Other restrictions relate to the protection of under-18s, a ban on the casting of celebrities or any creature (real or animated) with exaggerated characteristics etc. The use of tobacco products may not in itself be depicted.
Alcohol	Conditions relating to the protection of under-18s, avoid associations of desirability and excess and of contexts where the consumption of alcohol could be hazardous. Must not present abstinence in a negative light. No depiction of the act of drinking. Must not promote alcohol as a medicine or as healthy or with therapeutic qualities. Performers should be 21 years or above and look adult. The advice ‘DRINK MODERATELY’ should be shown/flashed in a separate frame at the end of the ad.
Pharmaceutical	Allowed for non-prescription drugs only and products must have been registered with the BFAD. Always include: ‘If symptoms persist, consult your physician’. Ensure distress is not dramatized in a morbid manner. Reliance not to be depicted. Clear distinction between symptom relief and curing of the condition. Only generic product names should be included.
Gambling	Only lotteries that are licensed or authorized by the government are allowed to be advertised. These ads shall not exhort the public to bet. Time restrictions apply. Results are allowed but not tips. Corporate advertising of government licensed casinos may be advertised but must not exhort the public to bet and gambling activity/ paraphenalia are not allowed to be shown.
Contraception	Not mentioned explicitly. Refer to Pharmaceutical for sensible guidance.
Food and Beverage	No mention, other than health supplements and vitamins whereby the phrase ‘No approved therapeutic claims’ should be shown/flashed in a separate frame at the end of a commercial for vitamins/ food supplements/ minerals/ similar products and care must be taken to not state or imply that these products can ensure good health or that their absence from a person’s diet is endangering their good health.
Financial	Advertisements for financial services such as lending, investing and other similar transactions should comply with rules, regulations and circulars of the Bangko Sentral ng Pilipinas, the Securities and Exchange Commission, and other appropriate government agencies. Advertisements should contain a clear, concise and complete statement of all the material terms and conditions of the financial product, transaction or service so that the consumer is fairly appraised of the essential nature of the product, transaction or service. Where other specific details that could influence the consumer’s decision are not stated, the advertisement should so indicate this and the manner in which complete information may be obtained. For this purpose, the advertisement may use a statement such as “For other important details and information, please contact or see ,,,,,,,,,,,,,,,,,,,.”
Children	Special care and attention needs to be paid as to how children are represented and addressed in advertising. Issues relating to exploitation, security, violence, cruelty and hazardous situations should be carefully addressed. Children must be shown to be adequately supervised in their activities. No gambling, gaming institutions or games of chance, logos of alcoholic drinks companies, drugs, medicines, devices and treatments to be directed at children. Advertisements of products or services which are not suitable for children or which might cause them physical, mental, psychological or moral harm shall not be aired in or adjacent to children’s programs. The use of children in advertisements must conform with the requirements of the Department of Labor and Employment. Children’s natural credulity must not be exploited.
Claims	The burden of proof on all claims lies with the advertiser. Any ad which makes claims shall substantiate them by properly using research results, scientific terms, statistics or quotations. Claims need to be within the context of and consistent with the indications and labeling of such products by the BFAD. The same applies for use of words such as ‘safe’, ‘without risk’, ‘harmless’, ‘instant’, ‘effective’. Clinical studies must be done in substantiation of any claims or testimonials portraying a product as a cure of or relief from an ailment or medical condition. Purely subjective testimonials are allowed provided they are not presented as statements of fact.

For reference only