The Advertisers Association of Nigeria (ADVAN) has reacted to two recent pronouncements by the Advertising Regulatory Council of Nigeria (ARCON).

The industry regulatory body had in August banned the use of foreign models and voice-over artistes and models on advertisements targeted or exposed on the Nigerian advertising space with effect from October 1, 2022. The council also ordered Hayat Kimya, a leading fcmg in the country, to pay Mainsail Media, media specialist agency, also in the country, N481,349,854.45 within seven days.

In a statement, the executive council of ADVAN said the recent ban on the use of foreign models, as well as a recent statement by the industry regulator, ARCON, that flies in the face of established judicial and legal processes portend a grave danger for the ease of doing business as well as the practice of marketing in Nigeria.

According to ADVAN, the ban on foreign models was not well thought out. It is a poorly researched and ineffective attempt at seeking a solution for sustainable growth in the advertising industry.

“Nigeria, as a country in the global economy, has an expatriate policy which allows for non-Nigerians to be gainfully and legally employed by Nigerian organisations, in adherence to the stipulations of the law. Any such ban contravenes the aforementioned policy, and presents Nigeria – a country that has a significant percentage of its population seeking income opportunities outside Nigeria - as a strict, insular, and nonreciprocal society. It is a widely known fact that Nigerian model, creatives, and voice-over artists are also beneficiaries of the friendly cross-border work/trade interactions that currently exist. This ban puts a distinct demography of Nigerians of employable age – especially youths who make up the large number of those in this space - at a significant disadvantage with their global counterparts.”

The association believed such a ban was not only harmful to Nigeria and Nigerians, but was also discriminatory, exclusionary, and did little to advance Nigeria’s commitment for instance, to the implementation of the African Continental Free Trade Agreement AfCFTA, which Nigeria and Nigerian businesses stand to benefit from.

In seeking development for the Nigerian advertising landscape, ADVAN advised the government through ARCON to embrace comprehensive stakeholder interactions and inclusivity in their policy creation and implementation.

“This will provide clarity for reasons behind the decline of advertising budgets, and the most beneficial solutions in attracting increased spend. Regulation and regulators must be collaborative and inclusive, rather than confrontational in nature to help develop a given industry,” ADVAN said.

On the issue between Hayat Kimya and Mainsail Media, ADVAN said the matter was a contractual dispute bordering on alleged fraud that is currently the subject of investigations by the appropriate law enforcement agency(ies). It asserted that Hayat Kimya Ltd, a member of the association, is a responsible and law-abiding organization in Nigeria.

It therefore felt ARCON’s statement reeked of an underhand attempt to subvert the ongoing process in what had been alleged a criminal issue.

“While ADVAN supports the need for contractual agreements to be upheld by all parties concerned, we also advise all parties including ARCON to allow the relevant bodies empowered by the Nigerian Constitution on issues of dispute resolution and, or breach of contracts, to carry out their full investigation and make available their findings after the completion of investigations.”

The statement noted that the entire industry is better served in an atmosphere of collaboration, mutual respect, and trust. “We therefore enjoin ARCON and other relevant stakeholder associations to see businesses - who represent the bulk of advertisers in Nigeria - as partners in progress.”

Over the years, ADVAN has worked closely with APCON, now ARCON, collaborating in various capacities, to support policy implementation, towards the growth and advancement of the industry. It was a very active member of the debt reconciliation committee set up by APCON, in 2012, to investigate and seek out a lasting solution to the purported industry debts, and it (ADVAN) continues to serve in various committees on ARCON.

ADVAN is the only national body that represents advertisers in Nigeria (multinationals, large corporate establishments. and SMEs) which utilize the activities of marketing to promote their goods and services, since its establishment in 1992. As a body which represents a critical sector of the marketing landscape, industry development has always been one of the most salient objectives of the association.