NIGERIA - The Advertising Regulatory Council of Nigeria, ARCON, the agency saddled with the responsibility of controlling and regulating advertising, advertisements and marketing communications in Nigeria, would, from March 1, 2023, commence the full regulation of advertising, advertisements and marketing communications in the digital media space. The Council has also revised the Nigerian Code of Advertising Practice to reflect the new ARCON Act and current realities.

This was revealed by the director general of the Council, Dr. Lekan Fadolapo, at ARCON’s Interactive Stakeholders Session with Digital Agencies, Bloggers, Content Creators, etc held on February 28, 2023, at L’eola Hotel, Maryland, Lagos, South West Nigeria.

According to the director general, the ARCON Law which came into effect in December 2022, reviewed the practice of advertising in the country and empowered ARCON to regulate advertising, advertisements and marketing communications in the digital media space in Nigeria.

“There are changes that have happened within the industry in terms of the business of advertising and the practice of advertising. The digital media space is playing a major role in the business of advertising. Businesses are moving from the traditional media space to the digital media space. New skills are now available. New businesses are being done in the digital space. And we are empowered by the law to regulate advertising, advertisement and marketing communications in all its ramifications.”

He said that before now, ARCON has been more active in the traditional media space - broadcasting, print and outdoor. But with the growing importance and influence of the digital media space, the Council has decided to fully implement all the advertising laws in the digital space as well.

The ARCON boss explained that ARCON is not regulating the digital media space itself, rather it is regulating advertising, advertisements and marketing communications in the digital media space.

“ARCON is not trying to regulate digital media space. No. We are not regulating social media. We are only regulating advertising, advertisements and marketing communications on digital media space. If you are not doing advertising, it is none of our business. If you are doing comedy, it is none of our business. But when you cross that line and move your skits or comedy into an advertisement as defined by the law, then you have gone into our own remit. Then our law will take effect.”

Dr. Fadolapo clarified the air on who owns the digital media space. “There are two major key stakeholders in the online digital space as it relates to media space ownership. We have the primary media space owners. We have the secondary digital media space owners. The primary digital media space owners are the big tech organizations who own the platforms, for example Google, Meta. Twitter, Tiktok and others. They own the media space. We have the secondary digital media space owners. These are the influencers, bloggers, content creators, people with large followership, people that live on the primary platforms – the bloggers.

He explained what the Council has done in the past and is doing now. “As part of our regulation and enforcement exercise, we have made efforts to engage the primary digital media space owners. We are talking to some of them, we are in court with some.

“Coming to the secondary digital media space owners, we feel we should engage them. We want to bring everybody to the same page before the commencement of the enforcement of the regulation.

“With effect from 1st of March 2023, any commercial on this space, that is, secondary digital media platform, that are not vetted, ARCON will ensure the enforcement of the law.”

On the new Code of Advertising Practice, the director general said the Hon. Minister of Information and Culture has approved a revised Code, which is the 7th Edition of the Advertising Code.

“The new Code is an improvement on the current Code. Since the new law was signed, we have not reviewed the Code. And it is very necessary and important because we should reflect the new law in the new Code as some of the provisions of the law have changed. The remit of the law has also changed.

“In the former Code below the line, activations and experiential, are not covered. Now, the new Code covers above the line, through the line and below the line advertising. The Hon. Minister of Information and Culture has approved the implementation of the new Code. The new Code implementation will start from 1st of March 2023.

“The classes of advertising that are now exempted in the new Code are now two - obituaries and vacancies.”

He further stated that with immediate effect, any advertisement that has models or people in the advertisement using military or paramilitary uniform will not be allowed for exposure in Nigeria again. “If you want to use police uniform in an advertisement, you need to get approval from the Nigeria Police. And if you go online to do it, ARCON in conjunction with the Nigeria Police will come after you. The same if you are a youth corper. We agreed with NYSC that if the material is sent to us, we will demand approval from the NYSC.”

He explained that if the material is not sent to ARCON and is exposed, ARCON and NYSC will jointly take the responsibility to prosecute the offender or the violator.

“So with immediate effect, the use of military or paramilitary uniform is banned except with the approval of the authority involved. That is the only time it can be used for advertising,” he said.

On what the ARCON laws say, Charles Odenigbo, the speaker at the event, re-emphasized what the director general of ARCON stated that ARCON is not regulating digital media space but advertising, advertisements and marketing communications as defined by law in the digital media space in Nigeria.

He said the power of ARCON to regulate advertising in the digital media space is derived from the Advertising Regulatory Council of Nigeria (ARCON) Act 2022, the Nigerian Code of Advertising Practice and Vetting Guidelines.

He reiterated two popular maxims in law, ignorance of law excuses no one and to be ignorant of the law is gross neglect. “Any skit maker, on-air personality, content producer, content maker, content creator, brand owner, blogger, vlogger, whatever name you are called, the moment you descend into the arena of advertising, advertisements and marketing communications, the new ARCON Act moves into operation whether you are aware of the law or not.”

A lawyer and a registered advertising practitioner, Odenigbo defined advertising, advertisements and marketing communications as contained in the ARCON Act and noted that whatever is done by the digital media space owner that falls into the categories defined is subject to regulation by ARCON.

He revealed that the Nigerian Code of Advertising Practice, Self Promotion, Rights and Restrictions 6th Edition which came into effect December 2021 is in effect. We have 150 Articles and these are things that every player in the digital media space needs to know when it comes to advertising, advertisements and marketing communications in Nigeria.

He pointed out some sections of the ARCON Act and the Code that were of specific relevance to advertising in the digital media space, types of advertising that need vetting before exposure, requirements for approval, offences and sanctions.

“Under ARCON Act, we have offenses under Section 34, we have offenses under Section 54. We also have Article 145 of the Nigeria Code of Advertising Practice which deals with sanctions and it also carries penalties.

“Article 24 of Nigerian Code of Advertising Practice says except for public service announcements, goodwill messages, obituaries, vacancies, all advertising, advertisements and marketing communications shall be presented for vetting and must obtain the approval of the Advertising Standards Panel, ASP, before exposure.

“It is mandatory for all advertisers, agencies to obtain the approval from the ASP and as such digital media space owners should ensure that the materials given to them have ASP approval before they accept and expose such material.” He also pointed out that only registered advertising practitioners and licensed agencies can obtain approval from the ASP.

“The digital space is where the youths converge most. The digital space is where the children converge most. Digital advertising is a passion enterprise and should be regulated. In other climes, even unsolicited messages and emails are regulated by law.”

He advised players in the digital media, especially space owners to read and be conversant with the ARCON Act, the Nigerian Code of Advertising Practice and Vetting Guidelines because not knowing what is expected of you is no excuse as you will face the full wrath of the law if you fall short of them.

The capacity-filled event had a lot of secondary digital media space owners in attendance. Also in attendance were marketing communications ecosystem giants including Bunmi Oke, a past president of AAAN and lead strategist of Ladybird Limited and Eki Adzufeh, the executive secretary of MIPAN, to mention a few.