The Department of Trade and Industry (DTI) has clarified that it is no longer pursuing a proposed policy that would have required businesses to secure government permits before publishing advertisements and promotional materials.
In a statement on Saturday, May 23, the DTI said the drafted Department Administrative Order (DAO) proposing a pre-clearance regulatory regime for advertising materials was only an internal draft and “does not reflect current policy direction.”
“The DTI assures the public and the business community that this internal draft does not reflect current policy direction and will not be finalized or enforced,” the agency said.
The clarification came after concerns were raised by business groups, online sellers, and lawmakers over the proposed rules’ potential impact on micro, small, and medium enterprises (MSMEs) and digital advertising activities.
Earlier, Sen, Bam Aquino opposed the proposed DAO, warning that requiring permits before releasing advertisements — including digital ads, sponsored posts, videos, and promotional campaigns — could create additional costs and delays for online businesses and MSMEs.
Under the draft proposal, businesses could have been required to apply for permits at least 30 working days before publishing advertisements across online and traditional platforms. Proposed fees reportedly ranged from P975 to P9,295 per advertisement.
Aquino argued that the proposal could particularly hurt online sellers and small businesses that rely on fast-moving digital marketing campaigns to compete in e-commerce platforms.
He also raised concerns that requiring prior government approval for advertisements may amount to prior restraint and could raise constitutional issues.
The senator also linked the proposal to earlier concerns surrounding the DTI’s mandatory “Trustmark” initiative for online businesses, which he had also criticized as an added burden on MSMEs.
