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The Advertising Regulatory Council of Nigeria (ARCON) has revealed that over 300 firms have been charged by the Advertising Offences Tribunal for contravening various sections of the advertising laws.
Charles Odenigbo, Director General of the Centre for Media Studies, said a lot of companies have been charged and summoned to appear before the Advertising Offences Tribunal, and a lot of bench warrants have been issued against those who have not appeared.
The lawyer spoke on ‘Advertising Regulation in Nigeria: Legal Perspective’ at a one-day Advertising Standard Panel (ASP) Stakeholders’ Forum in Lagos recently.
The forum was put together by ARCON and ASP to engage stakeholders on the importance of ensuring ethical advertising and compliance with advertising laws. The high number of alleged offenders may underscore the lack of awareness about advertising laws, which necessitated the stakeholders’ forum.
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Odenigbo said the Advertising Regulatory framework are clearly provided in the Advertising Regulatory Council of Nigeria Act, 2022, Nigerian Code of Advertising, AISOP, Vetting Guidelines and Proclamations amongst others which are binding on all advertisers, agents, media, Federal agencies, State agencies, Local Government councils, practitioners, licensed organisations, the general public and consumers.
He said, “Compliance and adherence are mandatory at all times”. Those who practice without being licensed, without being registered, companies that engage in advertising without being licensed by ARCON, members of the public that engage in any form of advertising without getting materials for vetting and approval, will be penalised under the law.
Advising individuals and corporate organisations to be abreast of the law, he said penalties against certain provisions, such as practising advertising without registration and non-vetting of advertisements before publication, range from N500,000 or imprisonment for individuals and a minimum of N1 million against a body corporate.
Speaking earlier, Lekan Fadolapo, Director General of ARCON, insisted that both traditional and social media advertising targeted at the Nigerian audience must comply with advertising regulatory rules to ensure sanity in the system.
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Citing examples of some social media advertising that cannot be substantiated, Fadolapo maintained that advertising law requires getting approval from ARCON before any advert is exposed to the Nigerian audience.
In his speech, Lekan Adisa, Chairman of the Heads of Advertising Sectoral Group, applauded ARCON for its role. “Today’s ARCON is a far more dynamic body than its predecessor. It doesn’t just limit itself to regulating creative work, its purview entails the entire business of the advertising ecosystem”
Lanre, who recognised that ARCON is also contending with the realities of today’s fast-paced industry, noted that the current vetting system is not agile enough for the pace of digital marketing and delays in approvals can lead to missed campaign windows, affecting client trust and ROI.
