_CODE OF ETHICS
ARTICLE I - Statement of General Principles
Section 1 - Being an integral part of mass media, we are cognizant of the powerful influence of outdoor advertising on society. We therefore strongly support the practice of self-regulation as provided for by the Advertising Board of the Philippines.
Section 2 - Public safety will always be the primary concern in the conduct of our business. We shall therefore ensure that our structures and displays exceed those provided for by law, and to faithfully conduct regular maintenance checks on all our structures so that they remain structurally sound.
Section 3 - We recognize the effect of our structures and displays on the environment. We shall endeavor to take into consideration the overall aesthetic impact of our structures and displays. We shall strictly follow zoning laws and building codes as provided by national and local government agencies.
Section 4 - We shall actively and continuously support worthy public causes by providing free of charge posting on available vacant outdoor display properties for public service announcements and or associations, that will contribute to the betterment and/or upliftment of society.
ARTICLE II - The Code of Ethics
Section 1 - Advertising Copy and Designs
1.1 All layouts must conform to the standards set forth by the ADBOARD.
1.2 Layouts containing elements or messages that violate existing national or local laws and ordinances must not be posted.
1.3 Materials shall conform to the screening guidelines for print and outdoor/billboard materials provided under Article IV, General Provisions, Section B of the ACRC Manual of Procedures of the ADBOARD. Print and Outdoor/Billboard materials are generally post-screened, except in the following cases where pre-screening shall be required prior to posting:
A. Materials with No. 1 or Superiority or Exclusivity claims.
B. Materials for infant food formula.
C. Materials that show partial or total nudity or skimpy attire or any visuals/copy/elements that suggest sexual stimulation or satisfaction or gratification.
Section 2 - Outdoor Advertising Signs and Structures
2.1 To ensure general public safety and welfare, outdoor advertising signs and structures shall be constructed in accordance with the National Building Code specifications and standards for safety. All structures must be designed and signed by a duly licensed Civil / Structural Engineer and shall be covered by pertinent permits and/or licenses.
In accordance with the provisions of the National Building Code of the Philippines and its Implementing Rules and Regulations, any alteration or retro-fitting of a structure (e.g., additional faces, additional height, etc.) shall require a certification from a duly-licensed Civil / Structural Engineer that the resulting structure is safe and that the provisions of the National Building Code and its Implementing Rules and Regulations have been complied with.
2.2 Advertising signs shall be erected in areas where permissible with all necessary permits duly secured from all concerned government agencies.
2.3 No offers for placement of outdoor advertising signs and structures in areas prohibited by law (as specifically stated in the National Building Code and its Implementing Rules and Regulations, as amended, and other pertinent laws, rules and regulations) shall be made by an outdoor advertising firm and accepted by any Advertiser.
2.4 All outdoor practitioners shall be guided by the pertinent provisions of the National Building Code of the Philippines, P.D. 1096 and its Implementing Rules and Regulations, ancillary laws, decrees, executive orders and other issuances, as well as local ordinances relative to the following:
18.104.22.168 Signs - any letter, work, numeral, pictorial presentation, illustration, decoration, emblem, device, symbol or trademark, flag, banner or pennant, whether illuminated or not, electronic, static or dynamic or any figure or similar character that is:
- attached to, painted on or in any manner represented on a building or structure and / or
- used to announce, direct attention to or advertise, and visible to the public.
22.214.171.124 Chapter 20, "SIGNS" of the National Building Code of the Philippines is hereby incorporated and made a part hereof for implementation.
126.96.36.199 "Rule V - Signs" of the Implementing Rules and Regulations of the National Building Code of the Philippines is hereby made a part hereof for implementation.
188.8.131.52 Advertising signs and structures, whether temporary or permanent, placed within the boundaries of all national roads and the air space directly above them, including on all street furniture found with them, such as but not limited to columns, beams, girders and exterior portions of station buildings of MRT/LRT and pedestrian overpasses, center islands, traffic/public signs, lamps and electric posts are prohibited. Permanent or on-premise signs shall not be installed or erected in such a manner so as to encroach on the air rights of roadways.
184.108.40.206 Signs shall not obstruct vehicular or pedestrian traffic, signal lights and street signs / lights.
220.127.116.11 Advertising signs and structures shall not obstruct, confuse or distract the view or interpretation of any public signs, traffic signs or devices and which may blind motorists.
18.104.22.168 Signs shall be so structurally designed so as to conform to the standards set forth by the National Building Code.
22.214.171.124 Advertising signs and structures shall not be placed within fifty (50) meters of immediate approaches to historical monuments and shrines, parks and parkways.
126.96.36.199 All display content must conform to the standards set forth by the Advertising Board of the Philippines (ADBOARD).
188.8.131.52 Signs shall not destroy and alter the natural beauty of the landscape and seascape.
184.108.40.206 Signs shall be inspected regularly to maintain their structural integrity to ensure safety. Advertising structures which are vacant must be installed with public service or company ads so as not to be eyesores.
220.127.116.11 Sign structures which are no longer to be used must be dismantled by the outdoor advertising firm which erected the said structures.
18.104.22.168 Temporary signs, regardless of material and size, whose sole purpose is commercial in nature, i.e. to promote a product and/or service of private companies, shall not be strung or installed over or across any public thoroughfare or along islands or sidewalks or street lamp posts, unless otherwise permitted by law ordinance.
Section 3 - Trade Practices
3.1 Billboards, neon signs, tri-vision displays, electronic displays and all other forms of outdoor displays should allow for a one (1) meter distance from each other, on all sides. Where advertising displays are installed in a common structure, they shall be separated by a distance of one (1) meter on all sides.
3.2 Advertising displays of directly competing products or services viewed from the same angle, whether on the same structure or not, shall be separated by an area equal to one (1) standard display of 40 x 60 on all sides.
3.3 Obstruction of an existing billboard or on-premise sign by an advertising billboard from its intended viewership, no matter how partial, is strictly prohibited. The existing outdoor advertising sign is considered not obstructed by a newly constructed sign when it is fully visible within 200 meters distance from its intended audience. This rule applies within the boundaries of all cities in the Philippines, otherwise, full visibility should be at 300 meters.
3.4 All types of outdoor media, including banners, P OPs and store support signs, regardless of type and size, advertising liquor and tobacco, are prohibited from being installed or situated less than 100 meters away from schools and churches and shall conform to pertinent laws, rules and regulations governing such products.
3.5 A person must respect the present Lessees right to his leased site. Unless a property is totally vacated, it is considered unethical for another company, or any entity, to negotiate or lease the same property for the same purpose as the present lessee, even if offered by the owner himself. Confirmation from the current/former lessee of the expiration of his lease should be obtained as a matter of courtesy.
3.6 A duly signed memorandum of agreement, lease agreement or contract of lease with the site owner shall be required before an outdoor advertising firm can put up markers at a leased site. Markers must be installed that includes a prominent sign indicating the company leasing the site.
Said documents, together with general details of the intended billboard structure, (such as display dimensions, whether single or multiple displays per viewing angle and maximum structure height), shall be registered with the OAAP for recording purposes to protect its intended line of sight rights against possible challenge or dispute by other outdoor companies.
3.7 Once registered with the OAAP, the outdoor advertising firm shall have exclusive rights to the intended line-of-sight for the structure for a period of four (4) months from the date of registration. Failure to start construction of the structure within the prescribed four (4) month period to its registered dimensions shall render the said line-of-sight open.
The outdoor advertising firm shall have a period of one (1) year from the date of registration to complete the structure in accordance with its registered dimensions. At the expiration of the one (1) year period, the outdoor advertising firms exclusive right to the line-of-sight shall pertain only to the line-of-sight of the structure, taking into consideration the dimensions thereof at the time.
3.8 All outdoor signs must clearly show the name of the outdoor advertising company including OAAP and ADBOARD logos, as well as the OAAP Website - http://www.oaap.org.ph
3.9 It is unethical to undertake unwarranted action, which will prejudice any other outdoor advertising practitioner in such a way as to cause him financial loss.
3.10 Advertisers who have outstanding obligations with an OAAP member shall not be entertained by other members of the association until such obligations have been settled. Errant advertisers names shall be posted on the electronic bulletin board of the association - website. It is however, the responsibility of the member to ensure that the reason for non-payment of the obligation is not due to the members non-performance or violation of his contract with the advertiser.
3.11 Ad agency commissions are discretionary depending on the prior agreement on pricing between ad agency, advertiser and outdoor supplier.
3.12 Members should honor their financial and contractual obligations with their co-members.
3.13 Members shall abide by ADBOARD cease and desist orders immediately upon receipt thereof.
3.14 Members with Transit Advertising such as bus ads, taxi ads, jeepney ads, tricycle ads and roving billboards shall abide by the guidelines provided by the government agencies having jurisdiction, such as, but not limited to, the Department of Transportation and Communication.
3.15 In cases where traffic signs/public signs are sponsored by Advertisers, the advertisement shall be displayed separately from the traffic sign/public sign by a minimum gap of 10 cms. and limited to no more than 20% of the total area of the traffic sign/public sign.
3.16 The outdoor advertising firm shall inform the current Advertiser, prior to construction, of additional structures or billboards that will be attached to the current Advertiser's structure.
3.17 Outdoor advertising firms shall be paid by advertisers and/or advertising agencies within the period provided for in their contracts. A penalty of two percent (2%) per month of the gross billing shall be paid for late payments without due cause.
3.18 Advertising displays shall not obstruct the view of on-premise signs of business establishments.
3.19 Where applicable, Advertisers and Outdoor Advertising Firms shall be jointly and severally liable for violations of the above provisions.
ARTICLE III - The Grievance Committee
Section 1 - Complaints for alleged violations of this Code shall be referred to the Grievance Committee of the Outdoor Advertising Association of the Philippines (OAAP).
Section 2 - Composition of the Grievance Committee. The Grievance Committee shall be composed of pool of seven (7) members, whose Chairman shall be appointed by the OAAP president. The Committee Chairman shall choose its members from the general membership.
Section 3 - The functions of the Grievance Committee are as follows:
3.1 To act on any complaint from members of the association lodged against a co-member and other outdoor advertising practitioner.
3.2 To mediate and settle amicably any intra-party dispute among members of the association arising from illegal practice of its trade or profession.
3.3 To investigate, conduct hearing and adjudicate cases that maybe assigned to it.
3.4 To handle other matters which the president may assign to the committee from time to time.
Section 4 - From time to time, the Board shall review, revise and promulgate implementing rules and regulations on dispute settlement, including the proceedings of the Committee and the amount of filing fees.
Section 5 - Sanctions. Violation of any provision of this Code may be subject to a fine and disciplinary action. Fines shall be imposed as follows:
a) P5,000.00 per offense for violation of 3.1, 3.2, 3.4, 3.8, 3.9 and 3.12
b) P10,000.00 per offense for violation of 3.5 and 3.13
c) P50,000.00 per offense Violation of 3.3
Disciplinary action shall take the form of any of the following:
a) Warning - for the violation of the OAAP's Code of Ethics or for resorting to unethical conduct or practice.
b) Reprimand - discretion of the Board.
c) Suspension - discretion of the Board.
d) Expulsion - refusal to abide by the decisions of the Board in the following instances:
- violations of any of the provisions of the OAAP Code of Ethics and Guidelines.
- complaint cases
In any of the above cases, the Board reserves the right to duly notify the ADBOARD and the relevant government agency/ies of its decision and the violation of the party/ies concerned for proper action.
A party adjudged to be guilty of violating the Code of Ethics or at fault shall likewise reimburse the other party for the cost of the filing fee (if the latter shouldered the cost) within thirty (30) days from finality of the decision. An aggrieved party shall likewise be entitled to restitution for the damage caused by the guilty party.
APPROVED AND RATIFIED BY THE GENERAL MEMBERSHIP
THIRD GENERAL MEMBERSHIP MEETING FOR 2006
29 September 2006, Friday, 5:30 p.m.
Italianni's Megamall, Pasig City
Outdoor Advertising Association of the Philippines