Sen. Bam Aquino has opposed a proposed Department Administrative Order (DAO) by the Department of Trade and Industry that would require businesses — including online sellers — to secure permits before publishing advertisements and sales promotions.
Under the proposed rules, businesses may need to apply for permits at least 30 working days before releasing advertisements, including digital ads, sponsored posts, videos, billboards, and promotional campaigns across online and traditional platforms.
Aquino warned that the proposal could create additional costs and delays for micro, small, and medium enterprises (MSMEs) and online businesses already dealing with rising operating expenses.
“Hindi pa nga nakakabangon ang ating maliliit na negosyo sa epekto ng krisis sa langis, plano na naman natin silang patawan ng panibagong pasanin,” Aquino said.
The senator said the proposed regulation could particularly affect online sellers and small businesses that depend on fast-moving digital marketing campaigns to attract customers and compete in e-commerce platforms.
“Sa panahon ngayon kung saan mabilis ang takbo ng negosyo, lalo na online, hindi makatarungan na paghintayin ng isang buwan ang mga negosyante bago sila makapaglabas ng advertisement o promotion,” Aquino said.
Aquino, who authored the Go Negosyo Act during his previous term as chairperson of the Senate Committee on Trade, Commerce, and Entrepreneurship, said the proposed permitting process runs counter to efforts to simplify doing business for entrepreneurs.
The Go Negosyo Law seeks to provide MSMEs with easier access to financing, markets, training, and streamlined business registration procedures. MSMEs account for about 99% of jobs in the country.
“Imbis na pabayaang makadiskarte ang mga maliliit na negosyo para madagdagan ang kita, lumilikha tayo ng dagdag na pasanin at proseso na hahadlang sa kanilang pagpasok sa merkado at paglago,” Aquino added.
Aquino also questioned the proposed fees ranging from P975 to P9,295 per advertisement, saying these could heavily impact small online sellers and startups with limited budgets.
“Hindi rin biro ang mga nakalagay na bayarin na dagdag pasakit pa sa ating mga negosyo, lalo na sa nagsisimula pa lang. Baka sa halip na mahikayat natin silang magnegosyo ay baka mag-atrasan sila dahil sa dagdag gastos at matagal na proseso,” he said.
The senator said existing provisions under the Consumer Act already regulate deceptive advertisements and sales promotions, arguing that the proposed DAO instead adds another layer of bureaucracy for legitimate businesses.
“Mahalaga ang consumer protection na isa sa mga pangunahing tungkulin ng DTI, subalit ang regulation ay targeted, praktikal, at naaakma,” Aquino said.
Aquino also raised concerns that requiring government approval before advertisements are released could amount to prior restraint and may raise constitutional issues.
While Republic Act No. 11967 or the Internet Transactions Act gives the DTI authority over e-commerce activities, Aquino argued that the law does not authorize mandatory permits for all forms of advertising.
“The DTI should focus on going after deceptive and fraudulent advertisements, instead of creating additional hurdles for legitimate businesses trying to reach their customers,” he said.
Aquino previously criticized the DTI’s DAO 25-12, which sought to make the “Trustmark” mandatory for online businesses before the agency later deferred its implementation.
