MANILA – Senator Bam Aquino has expressed opposition to a proposed Department of Trade and Industry (DTI) policy that would require businesses to secure permits before publishing advertisements and sales promotions, warning that it could add financial and administrative burden on micro, small, and medium enterprises (MSMEs).

Under the draft Department Administrative Order (DAO), businesses may be required to obtain permits and submit applications at least 30 working days before releasing advertisements, including digital ads, sponsored posts, videos, billboards, and promotional campaigns. The measure would cover both traditional and online advertising platforms if implemented.

“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.

Aquino, an advocate for MSMEs and author of the Go Negosyo Act, stressed that small businesses—many of which rely on timely marketing—could be disproportionately affected by the proposed regulation.

He noted that MSMEs make up about 99 percent of jobs in the country and benefit from programs that promote access to markets, financing, and training.

“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,” he added.

Aquino also argued that the proposed DAO could add unnecessary bureaucracy instead of directly addressing deceptive advertising practices.

“Mahalaga ang consumer protection na isa sa mga pangunahing tungkulin ng DTI, subalit ang regulation ay targeted, praktikal, at naaakma,” he said.

He further said that requiring DTI approval for advertisements could slow down business operations, particularly in the fast-paced digital economy.

“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.

The senator also raised concern over the possible cost of compliance, citing fees ranging from P975 to P9,295 per advertisement, which he said could strain MSMEs and online sellers.

Aquino noted that existing laws, including the Consumer Act of the Philippines, already regulate deceptive advertisements and sales promotions, and said the proposed policy may need further review in line with ease-of-doing-business reforms.

He also warned that the requirement could be seen as prior restraint, potentially raising constitutional issues, and said Republic Act No. 11967 or the Internet Transactions Act does not grant authority for a universal advertising permit system.

Aquino urged the DTI to reconsider the proposal and focus instead on enforcement against fraudulent advertising practices.

“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.

He also recalled that he previously raised concerns over a similar DTI policy on “Trustmark” requirements for online businesses, which was later deferred.