The Advertising Regulatory Council of Nigeria (ARCON), at the Advertising Standards Panel Stakeholders Forum engaged stakeholders on the pathway to achieve ethical advertising standard in Nigeria.
The forum held in Lagos on Thursday had in attendance creative and media agencies, client and advertisers companies, media platform owners, regulatory agencies and consumers.
The Director General ARCON, Dr. Olalekan Fadolapo in his remarks said that adherence to ethical and wholesome advertising practice has been a challenge for the Council especially with the emergence of online medium.
He explained that traditional media which comprises of print, broadcast and out-of-home media pose lesser problems but the advent of digital economy, it goes beyond the country’s geographical location which need to be monitored constantly.
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“Before now, it used to be e-commerce situation where you just have some few organizations doing business online but digital economy is now huge. Every element of physical market is now present in the digital economy. As a regulator, one of the challenges is to ensure both traditional and digital economy comply with responsible advertising practice,” he added.
He said that ARCON is not flouting anyone’s right because freedom of speech is not absolute as the law only requires that everyone exposing an advert to the public should seek approval from ASP.
The Chairman of ASP, Dr. Emmanuel Agu speaking on the topic ‘Advertising Process: The Advertising Standards Panel and its Statutory Responsibilities’ stated that the forum is a call to action as ASP plays a pivotal role in safeguarding advertising ethics in Nigeria.
“Its statutory responsibilities support consumer rights and industry credibility, a transparent, ethical ad system benefits all stakeholders and promotes credibility.
He added that stakeholders’ engagement as ASP forum encourages collaborative decision-making and greater trust in the vetting process, enables advertisers, agencies, and the public to co-create advertising standards, provides feedback loops that refine and legitimize official decisions.
Speaking from the legal perspective, Barrister Charles Odenigbo reiterated that ignorance of the law is not an excuse therefore practitioners must adhere seriously to the ethics of the profession.
Speaking on the topic: ‘Advertising Regulatory framework: What the Law Says’ Odenigbo said the Advertising Regulatory frameworks are clearly provided in the ARCON Act, 2022, Nigerian Code of Advertising, AISOP, Vetting Guidelines and Proclamations amongst others which are binding on all Advertisers, Agents, Media, Federal agencies, State agencies, Local Government Councils, practitioners, licensed organisations, the General Public and Consumers thus, compliance and adherence is mandatory at all times.
He added that the creation of the Advertising Offences Tribunal to try all criminal matters relating to advertising throughout the federation underscores the seriousness of the federal government to curb the dangers that unwholesome and unethical advertisements pose to the Nigerian public.
“The establishment of the Governing Council, Advertising Practitioners Disciplinary Committee, Advertising Practitioners Investigative Panel and the Advertising Standards Panel ensures that all the committees and organs of ARCON functions seamlessly,” he stated.
He listed essence of compliance to include adherence to ethical or wholesome advertising; respect for ethics of the profession; media wholesomeness; consumer protection; protection of minors, young persons and other vulnerable members of the society.
The Chairman Heads of Advertising Sectorial Groups (HASG) Mr. Lanre Adisa who spoke on the topic: ‘Regulatory Compliance: Expectations of Stakeholders from ARCON’ said as long as everyone share the ambition of raising the standards of Nigerian advertising to compete with the best from anywhere in the world, there is a need to look at the leading countries we aspire to as regards their regulatory policies.
The advertising ecosystem of our dreams is one that will be ready to embrace self-regulation in the nearest future. This does not in any way diminish the great work of ARCON. If anything, it will require that sectoral bodies to enforce their codes of conduct among their members, thus reducing incidents of breaches.
“It will also require further strengthening of the ASP to attend to breaches as may be reported by the public or wronged brands. In such instances, ARCON is at liberty to sanction offenders as it may deem fit. I’ve always maintained that we missed an opportunity to self-regulate online due to the abuse of the space by a few brands. But then again, it’s never too late.”
He added that self-regulation will demand a higher sense of responsibility from agencies and lead to a raising of standards as we’ve seen in other climes. Part of this will also demand that agencies apply AI-powered tools that help to ensure that creative work does not run against the law.
Stating that the industry thrives when there is clarity, fairness and innovation, Adisa who is also the President, Association of Advertising Agencies of Nigeria (AAAN) said regulation is not and should not be the enemy of creativity but when misaligned with market realities, it stifles growth.
He commended all the efforts and initiatives of ARCON aimed at sanitizing the industry in the name of regulation, adding that the current system can help build a foundation for that future.
He highlighted stakeholders’ expectation from ARCON to include a dynamic, forward-looking regulatory framework; equal enforcement for all players; collaborative industry engagement and investment in regulatory technology.
“We envision a future where ARCON is a partner in innovation, protector of responsible advertising, and an enabler of global competitiveness for Nigerian agencies.
“AAAN and HASG remain committed to constructive engagement, to building bridges between regulators and practitioners, and to ensuring that advertising remains a force for economic, social and cultural good,” he added.
Mr. Joe-Eugene Onuorha, Director Regulations, ARCON took participants through ‘Regulatory Compliance: Expectations of ARCON from stakeholders educating them of what need to be done during application to Advertising Standards Panel for approval.
He explained that the Nigeria Code of Advertising provides a guide or road map to ASP and the advertising industry in determining appropriate advertising and marketing communications content.
“The ASP is guided by the Advertising law and the Code in ensuring a wholesome marketing communications environment which does not inhibit advertising creativity; does not jeopardise or compromise trust and credibility for marketing communications; protects consumers from being mislead or deceived or exploited or emotionally assaulted; guarantees a fair competition in the market and ensures full disclosure or relevant information necessary for taking decisions with regards to brand communication offers.”
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