Author
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Tobiloba Awosika
Associate
6 Things Everybody Should Know About The New Advertising Act.
INTRODUCTION.
Before the enactment of the Advertising Regulatory Council of Nigeria Act 2022 (“ARCON Act”) 2022, the repealed Advertising Practitioners Council of Nigeria Act (“APCON Act”) oversaw making provisions for the control of the practice of the advertising profession.
However, due to the inadequacies of the APCON Act and a lot of transformation ranging from the effect of digital implosion and fast-changing rules governing the practice of advertising in Nigeria and beyond, the need for new legislation was paramount to effectively regulate and control the practice of advertising in the country. The new ARCON Act is expected to put the regulatory body in good stead to better carry out its statutory regulatory duties and to amend the noticeable gaps in the former APCON Act. One of which is the control of the new media and online advertisement, which was not properly taken care of in the APCON Act.
NOTABLE CHANGES IN THE NEW ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT 2022.
- The name of the Act was changed from Advertising Practitioners Council of Nigeria Act to Advertising Regulatory Council of Nigeria Act.
- To promote and encourage local content as well as ensure the preservation of local content and use of indigenous skills, the ARCON Act declared a ban on the use of foreign models and voice-over artists on any advertisement targeted or exposed on the Nigerian advertising space.
- The ARCON Act saddles the Council with the responsibility of regulating Digital Media Advertising in Nigeria amongst others.
- The ARCON Act provides for financial penalty for unauthorized publication or exposure of advertisement unvetted and without approval by the Council targeted at the Nigerian market. This is the case of ARCON suing Meta for illegal operations/adverts exposure without authorization and seeking 30 billion Naira in sanction for the violation of advertising laws.
- Advertisement license can be revoked after a notice of intention to revoke the license is served on the licensee and reasons of revocation is provided. The period for the notice must not be less than seven days.
- Set-up of the Advertising Arbitration Panel and use of arbitration to settle disputes that arise between advertisement agencies, marketing communication practitioners, media houses or any stakeholder in the industry.
