Adboard’s dilemma

The Adboard is currently facing what could probably its biggest challenge to date.

Following the resignation of the Kapisanan ng mga Brodkaster sa Pilipinas or KBP from the Adboard, other member-associations are reportedly considering doing the same.

KBP earlier resigned from the Adboard due to the latter’s alleged failure to enforce standards. Sources from the grapevine say that the Outdoor Advertisers Association of the Philippines or OAAP has written the Adboard, expressing grave concern over its inaction to KBP’s dilemma.

Basically, what some of the member-associations of Adboard want is to realize the benefits of membership in the Adboard.

Take the case of the 18-minute commercial load limit among broadcasting stations. While a KBP member is required to follow this limit or risk being sanctioned by the Adboard, non-KBP members who do not observe this load limit are still treated the same way by the Adboard, whose membership includes advertisers.

OAAP has expressed similar concerns to that of KBP, saying that advertisers do not distinguish between OAAP and non-OAAP members.

If advertisers are to treat KBP and non-KBP members and OAAP and non-OAAP members alike, then what is the point of being a member of the Adboard, members are saying.

Membership in the Adboard has its responsibilities, such as following the Code of Ethics. Members of KBP and OAAP are complaining that non-KBP and OAAP members are getting the benefits from the advertisers without the responsibility that goes with being a member. So why be a member?

KBP resigned precisely to keep its membership intact. Because the way things are going now, being a non-member does not have a disadvantage. In fact, it has become more advantageous.

The Adboard however has no plans of wooing KBP back into its fold, at least not in the immediate future. KBP on the one hand is keeping its options open.

Some Good News

The US Trade Representative’s Office, in a recent report, has acknowledged efforts made by the Philippines in taking important steps towards implementing much-needed controls on optical media production in order to address and prevent future pirate activity.

In a recent report, the USTR noted that there has been particular progress this year in the Philippines‚ enforcement of its optical media law. On the other hand, countries like India, Pakistan, Russia, Ukraine, Thailand, and Bulgaria urgently need to implement controls or improve existing adequate measures. None of these countries, the USTR said has made sufficient progress in this regard.

The market for pirated products has grown by leaps and bounds, largely due to the explosive growth being experienced by the Internet, coupled with the increased availability of broadband connections.

The US government likewise cited Philippine efforts to curb on the use of pirated software. The Philippines is one of those countries that have issued decrees mandating the use of only authorized software by government ministries.

Unfortunately, the USTR noted that optical media piracy and trademark counterfeiting are still increasing problems in many countries, including the Philippines. At issue, it said, is the foreign government’s political will to effectively address piracy and counterfeiting.

While Optical Media Board chief Edu Manzano has been doing a wonderful job in going after pirated movie and audio CDS, software, among others, piracy and smuggling of fake CDs is a gargantuan task that needs a more concerted action among the other agencies of government like the Bureau of Customs, the police authorities.

Global IPR theft and trade in fakes have grown to unprecedented levels, threatening innovative and creative economies around the world. Counterfeiting has developed from a localized industry concentrated on the copying of high-end designer goods into a massive, sophisticated global business involving the manufacturing and sale of counterfeit versions of a vast array of products, including soaps, shampoos, razors, batteries, cigarettes, alcoholic beverages, golf clubs, automobile parts, motorcycles, medicines, and health care products, to name a few.

Piracy of copyrighted products in digital, print (e.g., books, journals, and other printed materials), and other analog formats, as well as counterfeiting of all types of trademarked products, have likewise grown rapidly because these illegal activities offer enormous profits and little risk for the criminal element of society, the USTR report noted. Criminals can enter into the counterfeiting and pirating business with little capital investment, and even if caught and charged with a crime, the penalties actually imposed in many countries are so low that they offer no deterrent.

In the Philippines, foreigners who are arrested are simply deported after which they return to the Philippines under another name and just return to what they are doing.

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