Mobile suppliers
Code of Ethics for an Online and Mobile
Advertisement Material
A. Misleading Advertisements
1. The Consumer Act of the Philippines (R.A. No. 7394) and its implementing
rules, Department Administrative Order No. 2, Series of 1993, regulate,
among others, advertising and sales promotions of consumer products. The
Consumer Act prohibits false, deceptive, or misleading advertisements.
Comparative advertising is also regulated in the Philippines.
2. The IMMAP’s standards prohibits "unfair or deceptive acts or practices" on all
Internet advertising, marketing, and sales. A representation, omission, or
practice is deceptive if it is likely to:
• mislead consumers (relevant information is left out or if the claim
implies something untrue) and
• affect consumers' behavior or decisions about the product or service.
An act or practice is unfair if it causes, or is likely to cause danger in one’s
health, safety, or performance.
3. Claims of product and service properties or characteristics should be clearly
presented and should not, in the guise of creativity, be confusingly or
misleadingly distorted or exaggerated in the light of the product’s or service’s
market.
4. Advertisements should not substantially or materially have the same
distinguishing features unique to other advertisements, regardless of product
or service category, including general layout, copy, slogan, visual
presentation, music, or sound effects.
5. An advertisement should avoid any possible confusion as to the identity of the
advertiser or the source or identity of a product or service.
6. Advertisements incorporating a test or demonstration of a product or service
property or characteristics must clearly, fairly, factually and accurately
present the test or demonstration confirming the claimed product or service
property or characteristic. Any test or demonstration may be used only if it
directly proves the claimed product or service property or characteristics.
7. Price and purchase terms, when used, should be clear and complete. When
parts or accessories that the consumer might reasonably suppose to be part
of the original sale are available only at an extra cost or for further
consideration, such should be clearly indicated.
B. Advertising Directed to Children:
1. Sellers should take special care not to misrepresent a product or its
performance when advertising to children.
2. Commercial websites directed to children under 13 years old or general
audience sites that have actual knowledge that they are collecting information
from a child must obtain parental permission before collecting such
information.
3. Advertising is not permitted for the promotion of child pornography, any
sexually suggestive content involving children, or other non-consensual
material.
4. Prohibited content also includes ads promoting teen pornography or other
pornography that describes models who might be underage
5. Advertisements directed primarily at the children should not exploit their
natural credulity.
6. Advertisements and promotional activities for proprietary drugs, medicines,
devices and treatments should not be directed to children.
7. Advertisements should not allow children taking drugs and medicines without
the supervision of a responsible adult.
8. Advertisements should not encourage reckless, improper or antisocial
behavior and should not show children in activities that would normally not be
allowed by responsible adults for reasons of safety or propriety.
9. Advertisements meant for children should not contain indelicate references to
infirmities or scenes depicting physical and mental cruelty. In general,
advertisements for children should not show irresponsible, violent or
reprehensible acts/practices in a manner that may lead children to interpret
or adopt them as normal or acceptable social behavior.
C. Discriminating Advertisements
1. Advertisements and associated websites should not promote violence or
derogate a protected group. A protected group is distinguished by their: race
or ethnic origin, color, national origin, religion, disability, sex, age, veteran
status, sexual orientation/gender identity.
2. Ad text assailing any organization or person (public, private, or protected) is
not permitted.
D. Advertisements with Sexual/Violent/Illegal Content
1. Drugs: Advertising is not permitted for the promotion of illicit drugs and drug
paraphernalia including the misuse or abuse of lawfully-acquired drugs and
medicines.
2. Drug test: Advertising is not permitted for the promotion of products intended
to help individuals pass drug tests such as drug cleansing shakes and urine
test additives.
3. Advertisements should not depict dangerous practices or encourage disregard
for safety, unless adequately qualified or balanced with a positive
presentation or a clear warning within the advertisements.
4. Advertisements should not exploit or tend to promote physical, verbal or
psychological violence or the use of deadly weapons (other than for lawful
purposes) whether achieved through real or fictional characters or situations.
5. Advertisements should not emphasize or dramatize ailments, distress or
morbid situations or use such situations in an offensive manner. Neither
should advertisements demean or ridicule persons suffering from physical or
mental afflictions or deformities.
6. Prostitution: Advertising is not permitted for the promotion of prostitution.
7. Profanity, obscenity and vulgarity, or presentations, which are offensive to
contemporary standards of decency or morals, shall not be allowed, even
when understood only by a part of the audience.
8. Indecent exposure of the human body shall not be allowed. Some exposure of
the human body may be allowed in advertisements when in good taste and
relevant to the product or service being advertised, the situation being
portrayed or the audience being addressed.
E. Advertisements of Fake Products:
1. Fake documents: Advertising is not permitted for the promotion of fake
documents such as fake IDs, passports, social security cards, immigration
papers, diplomas, and noble titles.
2. Counterfeit designer goods: Advertising is not permitted for products that are
replicas, or imitations, of designer goods.
F. Political Advertisements:
1. Hate/anti concepts: We do not allow ads that advocate discrimination or
hatred against any individual, group or organization.
2. Advertisements should always be readily perceptible as commercial
announcements and should not create any misimpression that they are news
or editorial items or public service announcements. Applicable guidelines of
the relevant media industry should also be observed
G. Advertisements with Professional Data References/Testimonials
1. Advertisements using the results of a bona fide research, surveys, or test
relating to a product should not be so prepared or disseminated as to be
misleading or inaccurate in any manner, including by creating or claiming any
implication beyond that clearly established by the research, survey, or test.
2. No “No.1” claim with respect to any product or service shall be allowed unless
it is clearly delineated and qualified as to render the claim objectively
verifiable. The claim should, in any case, be substantiated.
3. Testimonial claims should be genuine and truthful and should be categorically
stated as the personal experience or opinion of the endorser and should be
clearly presented as part of a testimonial statement.
4. All quotations from or references to laboratory data, statistics and scientific
terms used should be presented fairly and in their correct context and should
in any case not be presented as to create an impression other than that
originally intended by the source.
5. “Before” and “After” situations must reflect truthful and factual comparisons.
Comparisons of the “antecedent” situation with the “subsequent” situation
must not be exaggerated or misleading.
H. Advertisements with Non-Prescription Drugs, Devices, and Treatments
1. No pharmaceutical product may be advertised unless it has been duly
registered with the BFAD.
2. Advertisements for non-prescription drugs, devices, and treatments should
not describe or dramatize distress (e.g., death or serious illness) in a morbid
manner.
3. Advertisements of all non-prescription drugs should carry the advice, “If
symptoms persist, consult your physician.”
4. In advertising medical products, claims that a product will effect a cure and
the use of such words as “safe”, “without risk”, “harmless”, “instant”,
“effective” or terms of similar import shall not be permitted, unless based on
or within the context of and consistent with the indications and labeling of
said products as approved by the BFAD.
5. Non-prescription drugs devices treatments may not be directly or indirectly
advertised as the answer to conditions of premature aging or loss of virility,
unless officially so allowed in writing by the BFAD.
6. Advertisements should not offer any product or treatment for slimming/
weight reduction or figure control if independent medical opinion considers
the use of the product or treatment can be harmful.
7. The word “tonic” when used in advertisements shall state clearly the specific
purpose for which the tonic is to be used or taken and shall not claim nor
imply treatment or results related to sexual potency, inadequacy or the aging
process.
8. Unlicensed medical practitioners shall not be allowed to advertise their
services.
9. Advertisements by a medical practitioner shall be subject to the Code of
Ethics and applicable laws and rules of his profession.
I. Advertisements with Promotions
1. Advertisements for propriety drugs, devices, and treatment offering prizes,
promotions, competitions and additional rewards or benefits other than those
which can be reasonably expected from the product’s use, or otherwise
involving any promotion may be permitted only with the express written
approval of the BFAD.
2. A propriety drug, device or medicine may not be used as a promotional item
for any product or services without the express written approval of the BFAD.
3. The word “win” and/or words of similar meaning may not be used without
qualification or as a categorical claim to imply a certainty of winning unless
justified by the mechanics of the promotion.
4. Specific prices, which can be won by a single individual, must be made clear
and the total value of the prices may be used only if plainly described as the
aggregate value of several prizes.
5. Advertisements of raffles, contests, or competitions, which offer prizes should
state all, the material conditions for participation. However, if no details or
conditions are announced, the advertisement should also state how and
where the purchaser may obtain full details of the rules, e.g., “See posters
and print ads for details.”
6. Advertisements of contests or competitions must conform to the regulations
of the appropriate government agency.
J. Advertisements for Alcoholic Beverages/Cigarettes
1. Advertisements should not state that smoking and/or drinking is essential to
social success or acceptance, that drinking is a genuine symbol of masculinity
or that refraining from drinking is a sign of weakness.
2. Advertisements for alcoholic beverages/ cigarettes/tobaccos should not depict
the act of drinking/ smoking, explicitly or implicitly.
3. Advertisements should not feature or promote excessive drinking or smoking.
4. Advertisements should not claim that drinking or smoking brings about
therapeutic, sedative, tranquilizing or stimulating effects or enhances sexual
prowess or appeal.
5. Advertisements for local beverages/ cigarettes may not be aimed at or
directed to minors as the target audience. Specifically models and talents who
are minors and those who portray authority figures or roles meant to appeal
specifically to minors (e.g., folk or comic book heroes, war/national heroes,
law enforcers) may not appear in such advertisements.
6. Advertisements should not in any manner represent or imply that drinking
and driving are safe compatible activities.
7. No advertisements on alcoholic beverages or cigarettes shall appear in any
children’s programs, or in children’s magazines, or publications directed
specifically to children and minors
8. Alcoholic beverage advertisements should carry the device “DRINK
MODERATELY”
9. All cigarette advertisements should carry, at the end, the statement,
“GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR
HEALTH.”
K. Advertisements Using Philippine Standards and Symbols
1. The Philippine National Flag or any of its earlier versions and the Seal of the
Republic may be used as illustrative material only in sober and respectful
advertising whose theme is patriotic or commemorative, or reflects the
heritage and/or traditions of the Filipino people.
2. Historical/national events, national events, national heroes, and national
shrines can be used in advertisements only if presented accurately and
respectfully and used to promote positive values.
3. The representation of the Philippine Currency in advertisements shall be
governed by the rules promulgated by the Bangko Sentral ng Pilipinas Circular
No. 61 s. 1995).
L. Advertisements for Financial Services
1. Advertisements for financial services such as lending, investing, and other
similar transactions should comply with applicable rules, regulations, and
circulars of the Bangko Sentral ng Pilipinas and other appropriate government
agencies.
2. Such advertisements should contain a sufficiently clear, concise and complete
statement of all the material terms and conditions of the offered financial
product, transaction or service in order that the consumer is fairly apprised of
the total consideration for and the essential nature of the product, transaction
or service.
3. Where other specific details which 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 _________.”
M. E-mails, Text Messages and Newsletters
1. Marketing email, text messages and/or newsletter should only be sent to
recipients who have provided their consent to receive such information (optin).
2. Subscribers may register by sending a text message, calling a voice response
unit, registering on a website, or through some other legitimate paper-based
method.
3. The subscriber must receive and/or be offered something of value to them in
return for receiving the communication. Value may be delivered in the form of
product and service enhancements, reminders, sweepstakes, contests,
information, entertainment, discounts or location-based services
4. Email marketing messages/ newsletters and text messages should not be
sent to recipients who have indicated that they do not wish to receive such.
5. Content Providers shall include valid addresses or numbers to which recipients
can send requests to cease broadcast messages. They shall also provide
command/message to opt-out.
6. An individual can request to be removed from the lists at any time. The
process for opting out should be simple and straightforward, and
organizations should confirm by email/text that the opt-out request
or will be followed through without requiring further action by the consumer.
7. Every email or text marketing communication should clearly identify the
sender of the message. The subject line and body text in the communication
should accurately reflect the content, origin, and purpose of the
communication.
8. Consumers must be allowed to choose and receive only the
categories/keywords that they specifically requested before receiving email,
text and newsletters.
N. Superlative Claim
1. Particular care must be exercised in the use of superlative claims. General
superiority claims like ‘the best,’ and ‘No.1’ may not be used unless factually
substantiated.
2. The substantiation claim shall cover at least the immediately preceding 12
month period and should be supported by data from independent sources. In
the absence of data pertaining to the last 12month period, the substantiation
may be based on the latest available reliable and bona fide figures.
O. Miscellaneous
1. Educational Institutions: Advertisements for educational, development or
training institutions or enterprises should not exaggerate or mislead regarding
the opportunities supposedly awaiting those who enroll in their courses.
2. Articles that require assembling: All products, which require assembling,
should state this clearly and prominently in their advertisements.
3. Charitable causes: Advertisements involving charitable causes as beneficiaries
should indicate the particular beneficiary.
4. Corporate advertising: Corporate advertising must be fair, truthful and
accurate; it should not contain any exaggerations or sweeping generalizations
that may mislead the public regarding the advertiser or the attributes of its
products or services. Where the advertisements contain specific claims
regarding the company or its product or services, such claims must be
verifiable and subject to substantiation in the same manner as regular
product or service advertisements.
5. Exploiting unnatural phenomena: Advertisements should not exploit public
credulity related to superstition, fortune telling, dream interpretation, faith,
healing, the occult, and other similar matters.
6. Agrochemical and veterinary products: The advertising of agrochemical and
veterinary products, particularly fertilizers and pesticides, shall likewise be
governed by and should comply with the specific advertising guidelines set
out by the Food and Agriculture Organization (FAO) Code of Ethics as well as
all rules and regulations issued by appropriate governmental agencies.
7. Price Advertising: Advertisements should not contain misleading,
exaggerated, or fictitious price comparisons, discounts, or other claimed
savings. All indicated prices and other economic terms should be complete
and accurate and should not mislead the public by distortion, omission, or
undue emphasis.
• All price comparisons should conform to Rule IV (Chapter VI, Title III of the Department of Trade and Industry’s
D.A.O. No. 2, s. 1993. (Refer to Appendix III).
• Advertisements relating to a discount price shall not be allowed
unless the discounted price is compared to the previous price and
the discount price is maintained throughout the promotional period
advertised.
• Advertisements for special sales should conform with applicable
government regulations. In any case, such advertisements should
contain no false or misleading price or savings claims and should
specify which store, branch, department and lines of goods are
covered by the sale.
• Advertisements for installment sales, lease-purchase and other
similar transactions (including those where the consideration for
the product or service is to be paid over a period of time) which
makes any reference to prices or terms should likewise provide all
pertinent information on terms of payment, additional charges, if
any, and all other economic of financial features of the transaction
so as to reflect the total cost/consideration for the goods or
services being advertised
IMMAP also adheres to the following:
• Standards of Advertising of the AD Standard Council Inc.
• Code of Ethics of the Philippine Adboard
• Circulars issued by the National Telecommunication Communication
• Global Mobile Advertising Guidelines, as promulgated by the Mobile Marketing
Association
Any violation to the above Code of Ethics must be brought to the attention of the
IMMAP Ethics Committee.
Submitted to: Dr. Tamara Cher R. Mercado
Submitted by: Taghoy, Arnulfo G. Jr.
Hernandez, Maria Edna
Perez, Charry
Ontal, Zara Mae
Vale, Jeanette