The Advertising Regulatory Council of Nigeria (ARCON) as part of expanding its membership is holding what it called ‘Executive Membership Registration and Induction Ceremony,’ in Lagos State with participants drawn from across the entire spectrum in the marketing communications sector of the Nigeria economy.
The body was until recently known as the Advertising Practitioners Council of Nigeria (APCON).
ARCON, which is now the apex advertising, advertisement, and marketing communications’ regulatory agency of the Federal Government, has, was recently, and in accordance with its statutory mandates, responsibilities, and powers as conveyed by the Advertising Regulatory Council of Nigeria Act No. 23 of 2022, is using the induction to once again remind institutions (both government and private) operating in Nigeria that from October 1, 2022, it will not be business as usual in the country.
The Advertising Regulatory Council of Nigeria Act No. 23 of 2022, which has already signed into Law by President Muhammadu Buhari has empowered ARCON to among other things, regulate and control advertising, advertisements, and marketing communications in all its aspects and ramifications directed at or exposed to the Nigerian market. It is also charged with the responsibility of ensuring the effective administration, supervision, regulation, and control of advertising, advertisement, and marketing communication in Nigeria in all its aspects, and ramifications.
ARCON now also has the powers to, among other things “Monitor and enforce sanctions on any person or organisation that sponsors, exposes or causes to be exposed in Nigeria, any advertising, advertisement and marketing communications materials without prior approval of the Advertising Standards Panel; Investigate and compel public and private organisations to produce advertising and marketing communications related information; have access to books including financial records of organisations licensed by the Council
“Accredit relevant departments of tertiary institutions offering advertising, graphic arts, marketing, media communication, mass communications and other related subjects; compel public and private organisations to use only bodies corporate licensed under this Act for advertising and marketing communications services in Nigeria; compel public and private organisations to disclose all advertising service providers engaged by them; investigate and prosecute individual, body corporate or organisation, directors and shareholders licenced under this Act in the interest of the public.
“Where the interest of the public requires, apply to the Federal High Court for the winding-up of the affairs of an organisation whose license has been revoked; issue license awards and ratings in advertising, advertisements and marketing communications targeted at Nigerian market; recognise, accredit, license and regulate the activities of advertising sectorial groups; sanction any person or organisation that violates or infringes any provision of this Act, code of advertising practise, standard of practice, proclamation and any other enactment that relates to advertising, advertisement and marketing communications in Nigeria
“Prosecute any person or organization that violates or infringes any provision of this Act, code of advertising, proclamations and any other enactment relating to advertising, advertisement and marketing communications; upon violation of any provision of this Act, seal advertising department, marketing department or commercial departments of organizations and agencies upon obtaining court order; advise the Government of the Federation on any matter relating to the operation of this Act including making recommendations for the review of policies, legislation and subsidiary legislation that it may consider appropriate.
“Compel public or private organizations, or any person who sponsors or take benefit of an advertisement to pull down or remove any advertisement or marketing communication exposed and directed at the Nigerian market that violates any provision of this Act; stop the exposure or cause the removal of any advertising, advertisement and marketing communication exposed or directed at the Nigerian market that violates any provision of this Act; and such other things as it is considered necessary for the effective performance of its functions under this act,” and so many others.
Only recently, ARCON had announced the ban on the use of foreign models and voice-over artists on any advertisement targeted at the Nigerian advertising space with effect from October 1, 2022. The ban was contained in a statement issued by no other than Dr. Olalekan Fadolapo, FCA, rpa, the Director-General of the Advertising Regulatory Council of Nigeria. This development is in line with the Federal Government’s policy to develop local talent and inclusive economic growth for all sectors, including advertising.
Fadolapo said the new ARCON Act puts the regulatory body in good stead to carry out its duties, since it takes care of gaps in the former APCON Act. One of such gaps, he said, is the control of new media and online advertisement, which he believed was not taken care of in the APCON act. Fadolapo said although the new Act provides the council with more powers, the agency would only regulate to enhance inclusive growth. He assured stakeholders that ARCON is not regulating to strangulate, adding that, “All we plan to achieve with these new regulatory powers is to ensure good corporate governance and inclusive growth in the sector.”
The Advertising Regulatory Council of Nigeria (ARCON) as part of expanding its membership is holding what it called ‘Executive Membership Registration and Induction Ceremony,’ in Lagos State with participants drawn from across the entire spectrum in the marketing communications sector of the Nigeria economy. The body was until recently known as the Advertising Practitioners Council of Nigeria (APCON).
ARCON, which is now the apex advertising, advertisement, and marketing communications’ regulatory agency of the Federal Government, has, was recently, and in accordance with its statutory mandates, responsibilities, and powers as conveyed by the Advertising Regulatory Council of Nigeria Act No. 23 of 2022, is using the induction to once again remind institutions (both government and private) operating in Nigeria that from October 1, 2022, it will not be business as usual in the country.
The Advertising Regulatory Council of Nigeria Act No. 23 of 2022, which has already signed into Law by President Muhammadu Buhari has empowered ARCON to among other things, regulate and control advertising, advertisements, and marketing communications in all its aspects and ramifications directed at or exposed to the Nigerian market. It is also charged with the responsibility of ensuring the effective administration, supervision, regulation, and control of advertising, advertisement, and marketing communication in Nigeria in all its aspects, and ramifications.
ARCON now also has the powers to, among other things “Monitor and enforce sanctions on any person or organisation that sponsors, exposes or causes to be exposed in Nigeria, any advertising, advertisement and marketing communications materials without prior approval of the Advertising Standards Panel; Investigate and compel public and private organisations to produce advertising and marketing communications related information; have access to books including financial records of organisations licensed by the Council
“Accredit relevant departments of tertiary institutions offering advertising, graphic arts, marketing, media communication, mass communications and other related subjects; compel public and private organisations to use only bodies corporate licensed under this Act for advertising and marketing communications services in Nigeria; compel public and private organisations to disclose all advertising service providers engaged by them; investigate and prosecute individual, body corporate or organisation, directors and shareholders licenced under this Act in the interest of the public;
“Where the interest of the public requires, apply to the Federal High Court for the winding-up of the affairs of an organisation whose license has been revoked; issue license awards and ratings in advertising, advertisements and marketing communications targeted at Nigerian market; recognise, accredit, license and regulate the activities of advertising sectorial groups; sanction any person or organisation that violates or infringes any provision of this Act, code of advertising practise, standard of practice, proclamation and any other enactment that relates to advertising, advertisement and marketing communications in Nigeria
“Prosecute any person or organization that violates or infringes any provision of this Act, code of advertising, proclamations and any other enactment relating to advertising, advertisement and marketing communications; upon violation of any provision of this Act, seal advertising department, marketing department or commercial departments of organizations and agencies upon obtaining court order; advise the Government of the Federation on any matter relating to the operation of this Act including making recommendations for the review of policies, legislation and subsidiary legislation that it may consider appropriate.
“Compel public or private organizations, or any person who sponsors or take benefit of an advertisement to pull down or remove any advertisement or marketing communication exposed and directed at the Nigerian market that violates any provision of this Act; stop the exposure or cause the removal of any advertising, advertisement and marketing communication exposed or directed at the Nigerian market that violates any provision of this Act; and such other things as it is considered necessary for the effective performance of its functions under this act,” and so many others.
Only recently, ARCON had announced the ban on the use of foreign models and voice-over artists on any advertisement targeted at the Nigerian advertising space with effect from October 1, 2022. The ban was contained in a statement issued by no other than Dr. Olalekan Fadolapo, FCA, rpa, the Director-General of the Advertising Regulatory Council of Nigeria. This development is in line with the Federal Government’s policy to develop local talent and inclusive economic growth for all sectors, including advertising.
Fadolapo said the new ARCON Act puts the regulatory body in good stead to carry out its duties, since it takes care of gaps in the former APCON Act. One of such gaps, he said, is the control of new media and online advertisement, which he believed was not taken care of in the APCON act. Fadolapo said although the new Act provides the council with more powers, the agency would only regulate to enhance inclusive growth. He assured stakeholders that ARCON is not regulating to strangulate, adding that, “All we plan to achieve with these new regulatory powers is to ensure good corporate governance and inclusive growth in the sector.”
