President Mohammadu Buhari recently signed into law, a bill that changed the Advertising Practitioners Council of Nigeria (APCON), to Advertising Regulatory Council of Nigeria (ARCON). The president’s signature is not only in the name but the entire advertising framework in Nigeria.
For many analysts, the new advertising law appears to be draconian in nature as the intents and purposes of such law could strangulate advertising business in Nigeria instead of regulating it. For these analysts, the new law which suggests that any form of campaign must get ARCON approval amounts to saying one must get ARCON approval before designing a funeral poster.
To clear the air on the new advertising law, at an international press conference held yesterday in Lagos, ARCON unveiled a new chapter for advertising in Nigeria. In this far reaching, sweeping 33- page document, advertising and marketing communications industry would wear a new identity for its practitioners and stakeholders.
A must read for anyone engaging in any form of advertising including those in the creative industries. As clarified when asked the question if a filmmaker shoots his movie and gets clearance from Nigeria Film Board to put their movie out, the director- general of ARCON, Dr. Olalekan Fadolapo, pointed out that, “If the next step of putting out billboards, posters and promos for those movies are engaged in then they are bound by the new ARCON Law.
“The details of these laws are quite far reaching and this has necessitated a soon to be embarked on road show by ARCON to make Nigerians become conversant with the new law,” he added.
Remit Of The Law
This Act repeals the Advertising Practitioners (Registration, etc.) Act, Cap. A7, Laws of the Federation of Nigeria, 2004 and enacts the Advertising Regulatory Council of Nigeria Act, 2022 to establish a council for advertising, advertisements and marketing communications as the apex regulatory authority for the Nigerian advertising industry, make provision for the regulation and control of advertising, ensure the protection of the general public and consumers, promote local content and entrench the best international practices.
Remit Of The Law S1, 2d Notwithstanding the provisions in any other Act, have exclusive power to determine, pronounce upon, administer, monitor, and enforce compliance by persons and organisations on matters relating to advertisements, advertising, and marketing communication in Nigeria, whether of a general or specific nature.