…Now An Offence To Use Military, Paramilitary Uniforms For Adverts
The Advertising Regulatory Council of Nigeria, (ARCON) will from March 1, 2023 start enforcement on adverts, advertisements placed on digital media space.
Speaking at an Interactive Stakeholders Session with Digital Agencies, Bloggers, Content Creators, among others in Lagos on Tuesday, the Director General, ARCON, Dr. Olalekan Fadolapo said the Honourable minister of Information and Culture, Alhaji Lai Muhammed has approved the implementation of the new Nigeria Code of Advertising Practice which now regulates all adverts, advertisements in media space including the digital media space.
According to him, many things have already changed in the law, a new law is now available.
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“One of the additions to the new code is that before or in the former code, below the line, are not covered, the new code now covers above the line, through the line and below the line advertising.
“The Honourable minister of Information and Culture has approved the implementation of the new code and the new code implementation starts from 1st of March, 2023. The classes of advertisements that are now exempted are obituary and vacancies.
“Also, with immediate effect, any advertisement using Military uniform, Police, National Youth Service Corps or Para military uniforms will not be allowed for exposure in Nigeria again. If you want to use the uniforms, you will need to give us approval by the affected authority to show that it was approved by them.
“With immediate effect, the use of military, paramilitary uniforms is banned except with the approval of the authority, he explained.
Giving the reasons for the gathering, the DG explained that it is the Council exercise to ensure and to bring everybody to this awareness before the commencement of the new law.
“That is why we brought in a distinguished media lawyer and an expert in this field to start the conversation by explaining to us the provisions of the law at this gathering.
He mentioned that there are two major stakeholders in the online digital space as it relates to media space ownership, “we have the primary digital media space owners and we have the secondary digital space owners.
“The primary digital media space owners are the big Tech organisations who owns the platform, for example the likes of Google, Meta, Twitter, Tiktok and every other ones like that. They own the media space.
Then we have the secondary digital media space owners, these are the influencers, people with large followership, people that live on those platforms, the primary platforms, the bloggers.
“So, as part of our regulation and enforcement exercise, we have made effort to engage the primary digital media space owners. We are talking to some, we are in court with some because we need to ensure enforcement,” he added.
“Now coming to the second digital media space owners, we also felt instead of just issuing guidelines, framework and rules, we should have an opportunity of engagement. Let me say it that ARCON is not trying to regulate digital media space, we are not regulating social media, we are only regulating adverts, 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 not 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 move to our own area and our law will take effect,” he further explained.
Stating the provision of the law on the topic, ‘Business of Advertising in the Digital Space: The Regulatory Aspects, Barrister Charles Odenigbo said any skit maker, on air personality, content producer, content creator, craft owner, whatever name they are called, should be aware that the moment they set into the arena of marketing communications, advertising and advertisements, the new ARCON act moves into operation, whether they are aware or not.
“The Nigeria code of advertising practice says promotions, rights and restrictions, sixth edition which came into effect December 2021 now reviewed to its 7th edition, have 150 articles and there are things you need to know, if you are involved in this business because if you don’t know anything about the new advertising law regime, then you cannot be excused.
“Fundamentally, you must know that advertisements must be based on four principles, it must be legal, decent, truthful and honest.
For it to be decent, it must comply with every relevant law in Nigeria, whether you know it or not. You must comply with the constitution, ARCON act, NAFDAC laws if it has to do with food and so on, among others.
“You must be conversant with all of them. It must be legal, comply with constitution.
Unwholesome advertisement is not good for the children, for the vulnerable members of the society.
“As a blogger, skit maker, you must be mindful of the people you are exposing the adverts to. It must be truthful, honest, you must be ethical. So, the code provides the things that will guide you to apply ethics in whatever you do.”
The lawyer however explained that the main reason for the gathering is to educate participants on when their materials should be vetted by the Advertising Standard Panel before they are exposed. Legal and regulatory complaints regime because whenever a law changes, the new law that comes into play becomes the regime.
You need to be enlightened on the new law regime,” he said.
He therefore recommended that participants should make sure materials are endorsed before exposure, secondly, participants should consider registering to become licensed advertising practitioners.
“When you are in doubt, consult a lawyer for legal advice, report any unethical or unwholesome material to ARCON before exposure.
“The laws and regulations require media to be diligence in ensuring compliance at all times. Ensure sound legal drafting of contract before you carry them.
Sign a simple contract. It can be a letter, offer or acceptance but make sure there is a contract that you sign before you can expose any materials online. Ensure you adopt a method that will suit your peculiar needs. Remember that ignorance of the law is not an excuse,” he stated.
BV.
