A recent move by the Advertising Regulatory Council of Nigeria (ARCON) to punish an advertiser and summon The Ambassadors College to a tribunal has sparked criticism from legal practitioners and industry leaders.
Unwarranted Punishment
Legal practitioners have expressed disapproval of ARCON’s actions, arguing that it was unjust for the council to penalize any advertiser for allegedly failing to vet their adverts with the agency. The Advertisers’ Association of Nigeria has also condemned ARCON’s summoning of The Ambassadors College over an advertisement published in The Media Talk Africa Newspaper.
Legal Community’s Stand
In separate interviews, legal practitioners highlighted the illegality of ARCON’s actions. Barrister Promise Umoh criticized the legality of the tribunal, asserting that the Advertising Standards Panel, to which the school was summoned, had been dissolved. Olu Akinola raised concerns about certain provisions of the ARCON Act conflicting with the constitution and suggested that affected parties should seek protection from the court.
Evolving Industry Dynamics
The introduction of the new ARCON Law, which repealed the code regulating the advertising industry under the defunct Advertising Practitioners Council of Nigeria, has stirred controversy. In response, the Advertisers Association of Nigeria (ADVAN) filed a lawsuit challenging the constitutionality of the amended Advertising Regulatory Council of Nigeria Law. ADVAN aims to safeguard the interests of its members and the integrity of the marketing profession in Nigeria.
Industry Reaction
President of the Advertisers Association of Nigeria, Osamede Uwibanmwen, criticized ARCON’s expanded powers and questioned the legitimacy of imposing prison sentences on entities found to have violated the provisions of the Act. This move has raised concerns about the overreach of regulatory bodies.
Clash of Perspectives
ARCON’s Director-General, Olalekan Fadolapo, defended the council’s actions, emphasizing the need to conform to the stipulations before publishing any advert. However, industry stakeholders continue to challenge the broadened powers of ARCON, suggesting a significant clash between regulatory bodies and the advertising industry.
Path Ahead
The stand-off between ARCON and industry players underscores the evolving landscape of advertising regulations in Nigeria. As legal battles and industry dissent continue, the implications for the advertising and marketing sector remain uncertain.