Advertisting in Nigeria has been thrown into the spotlight as the Advertising Regulatory Council (ARCON) summons The Ambassadors College, an Ogun State-based school, over an advert published in The Media Talk Africa Newspaper on September 2, 2023.
The summons, dated December 19, 2023, accused the school’s chairman, Mr. Samson Osewa, of publishing an advert “that was neither vetted nor approved by the Advertising Standards Panel.” ARCON directed Osewa to appear before the Advertising Offences Tribunal for this violation.
However, the Advertisers’ Association of Nigeria has criticized ARCON’s actions, claiming the council cannot act as both “a jury and executioner” at the same time. Osamede Uwibanmwen, the association’s President, expressed surprise at the council pursuing a school, highlighting concerns over the expanded powers granted to ARCON under the new advertising law.
Uwibanmwen pointed out that the law enables the tribunal to impose prison sentences on entities deemed to have violated its provisions. He also questioned ARCON’s motive, suggesting that the law is based on the council’s past failed attempts to convict violators under the repealed APCON law.
On the other side, Olalekan Fadolapo, the Director-General of ARCON, defended the new law, emphasizing that it outlines clear stipulations for publishing adverts.
Meanwhile, the Association of Advertising Agencies of Nigeria (ADVAN) has been vocal about its opposition to certain aspects of the ARCON law, which it believes conflict with the Nigerian constitution. In October 2022, ADVAN took legal action to challenge the constitutionality of the amended Advertising Regulatory Council of Nigeria Law.
The association stated that the lawsuit was a necessary step to protect the interests of its members and the integrity of the marketing profession in Nigeria.
This clash between the regulatory council and industry stakeholders underscores the growing tension and legal battles that could shape the future of advertising regulation in Nigeria. As the debate rages on, the implications of these developments will reverberate across the advertising landscape, potentially reshaping industry practices and regulatory frameworks.
