Senator Bam Aquino has once again criticized the Department of Trade and Industry (DTI), raising concerns that a proposed regulation requiring permits for advertisements and promotional campaigns could create an additional bureaucratic burden for micro, small, and medium enterprises (MSMEs) and online sellers.
The DTI’s proposed Department Administrative Order (DAO) would mandate businesses to secure permits and submit applications at least 30 working days before releasing advertisements or sales promotions, covering both traditional and digital platforms such as billboards, online videos, and sponsored posts.
Aquino stressed that the proposal comes at a challenging time for small businesses already grappling with rising fuel prices and heightened operational costs. “Hindi pa nga nakakabangon ang ating maliliit na negosyo sa epekto ng krisis sa langis, plano na naman natin silang patawan ng panibagong pasanin,” he said.
The senator warned that the proposed fees, ranging from P975 to P9,295 per advertisement, could disproportionately impact startups, MSMEs, and digital sellers, who rely on fast, low-cost marketing to maintain competitiveness. He further noted that the DAO could conflict with existing laws under the Consumer Act, potentially amounting to prior restraint by requiring government approval before advertisements are released.
This is Aquino’s second major challenge to DTI policies affecting MSMEs, following his opposition to the agency’s proposed “Trustmark” registration for online businesses, which was deferred after industry pushback.
If enacted, the DAO could slow marketing timelines and increase costs for small businesses already operating on thin margins. While regulators may aim to curb deceptive advertising, critics argue that existing laws already address such concerns.
The move highlights an ongoing tension in balancing consumer protection and regulatory oversight with fostering a vibrant MSME sector, particularly in the rapidly evolving digital marketplace.
