Social
When an influencer posts about your product, who answers for what they say? The Ad Standards Council’s Manual has a section on exactly that, and since 21 September its AI circular adds a second layer for virtual influencers and AI-made posts. Here is where the line sits, and what the brief should settle before anyone films.
When is the brand responsible for an influencer’s post?
The ASC Manual answers it by contract, in Section 10 of its rules on testimonials and endorsements:
| Who posted | Who answers for the claims |
| An influencer under contract with the brand | The brand. Claims in the must-screen categories or claim types need third-party studies behind them, and a notarized testimonial does not replace them |
| An influencer whose contract has expired | Not the brand: those claims “shall not be the responsibility of the advertiser anymore” |
| An influencer who never had a contract | Not the brand, unless its declaration of “no relationship” proves untrue, which can bring penalties “akin to Blatant Disregard of ASC Rules” |
| Employees posting in a coordinated push, on public accounts | The brand: posts done “through a concerted, organized and consistent effort by the company” can be the subject of an ASC complaint |
The last row is the one brands forget. An advocacy push where staff all post the same claim from public accounts can be taken to the ASC like a brand ad.
What can an influencer’s post actually claim?
The general rules on testimonials sit in the same chapter, and they set what a sponsored post can say:
→ It has to be genuine. “Testimonial claims shall be genuine and truthful. Fictitious testimonials are not allowed.”
→ It has to read as a personal opinion. Testimonials “shall use qualifiers, e.g., ‘In my opinion’, ‘Para sa akin’, ‘In my experience’”.
→ It needs permission and paperwork. Testimonials are used only with the written permission of those giving them, and the advertiser substantiates one with “the original written, dated, and signed testimony, duly subscribed and notarized”.
→ It cannot carry a claim the brand could not make. Testimonials “shall not be used to circumvent” a prohibited claim, or the need for substantiation beyond the testimonial affidavit itself.
Do campaign hashtags need ASC screening?
Sometimes. Under the Manual, hashtags that are not branded and are not used with any branded post “do not have to be pre-screened”. But “When hashtags contain a must-screen claim (#1/Leadership, Absolute, Comparative, Exclusivity and Superiority), these have to be pre-screened with the ASC.” A campaign tag such as #BestInManila is a superiority claim with a pound sign in front of it.
The contract test
Before a post goes live, ask two things: is this person under contract, and does the post make a claim? If both answers are yes, the brand owns that claim, and it needs the same substantiation as an ad the brand wrote itself.
What changes with AI-made influencers and AI-edited posts?
Since 21 September 2026, ASC Circular 2026-014 requires “a clear and reasonably conspicuous disclosure” on ads with AI-generated or materially AI-enhanced content. A sponsored post fronted by a virtual influencer, or one whose product shots were generated, falls under it like any other ad. What the ASC now requires covers where the label goes.
A virtual influencer also cannot have used the product. A line like “I’ve been using this for a month” from a generated creator is hard to square with the Manual’s ban on fictitious testimonials. Our guide to AI presenters in brand video covers the same problem on video.
What should the influencer brief include?
→ The claims allowed, and the ones that are not. Written into the brief, with the substantiation for each allowed claim on file before the posts go out.
→ The qualifier. Personal-experience framing, in the language the post is written in.
→ The hashtags, cleared. Any hashtag carrying a number-one, absolute, comparative, exclusivity or superiority claim goes to the ASC first.
→ The AI label. If anything in the post was generated or materially edited with AI, where and how the disclosure appears.
→ The end date. When the contract ends, so everyone knows when responsibility for the claims stops.
General information, not legal advice. Regulated categories carry their own rules on endorsements; check them with your regulatory lead.
What should you ask your agency?
PUNX is an AI marketing agency in Makati: 50-plus people, founded 2023, with P&G, San Miguel, Petron, GCash and Sun Life on the client list. On any creator campaign, ask your agency for the claims list, the qualifiers and the AI disclosure plan in the same document as the brief, not as a review after the posts are shot.
FAQ
Is a brand responsible for what an influencer says in the Philippines?
Under the ASC Manual, the brand answers for testimonial claims made by influencers under contract with it. Once the contract has expired, or where there never was a contract, the claims are not the advertiser’s responsibility, unless the brand’s declaration of no relationship proves untrue.
Do influencer testimonials need qualifiers?
Yes. The ASC Manual says testimonials shall use qualifiers such as “In my opinion”, “Para sa akin” or “In my experience”, and must be genuine and truthful. Fictitious testimonials are not allowed.
Do hashtags need ASC screening?
Unbranded hashtags not used with any branded post do not need pre-screening. Hashtags that carry a must-screen claim, such as number-one, absolute, comparative, exclusivity or superiority claims, have to be pre-screened with the ASC.
Do virtual influencers need an AI label?
Ads that contain AI-generated or materially AI-enhanced content need a clear and reasonably conspicuous disclosure under ASC Circular 2026-014, in effect since 21 September 2026. A sponsored post fronted by a generated creator falls under it.
Related
AI marketing agency — what PUNX makes, and for whom
AI disclosure in Philippine ads — what the ASC now requires
AI presenters in brand video — when a generated presenter works, and when it does not
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