…Says Bill’ll Introduce Order, Sanity In OOH Media Practice
THERE is absolutely no contradiction in the proposed Out-of-Home Media Owners Assets Bill and the existing Law which established the Advertising Regulatory Council of Nigeria (ARCON).
President of the Out-of-Home Advertising Association of Nigeria (OAAN), Sola Akinsiku, said while explaining the difference between the two. He said that the OOH law when enacted will introduce order and sanity into the outdoor advertising space.
Akinsiku, while responding to questions on the suitability of the OOH Bill currently before the National Assembly said that the outdoor advertising business, unlike other sectors within the industry, stands on two legs “while one is directly with ARCON, the other leg which is critical to the business and assets of media owners needs to be legally regulated in the overall interest of the industry, the environment and particularly in the interest of their clients.”
Enacted in 2022, the ARCON Act contains laws to cover every aspect of advertising practice in Nigeria and is aimed at growing the industry, to establish a Council for advertising, advertisements and marketing communications as the apex regulatory authority for the industry and to make provisions for the regulation and control of advertising. Additionally, it aimed at ensuring the protection of the general public and consumers, promoting local contents and entrenching the best international practices.
The Act repealed the Advertising Practitioners Council of Nigeria (APCON) law hitherto known and identified as Act, Cap A 7 Laws of the Federation of Nigeria, 2004.
Other functions of ARCON include to carry out investigation or inquiry considered necessary or desirable in connection with any matter relating to advertising, advertisement, and marketing communications in Nigeria; regulate and control creative ratings, advertising, advertisement and marketing communications awards, marketing communications research, audit bureau of circulations, audience measurement, consumer insight research, and other related researches directed to and targeted at the Nigerian market and most especially preservation of Nigerian local content and use of indigenous skills as an important element in advertising, advertisement, and marketing communications services in Nigeria and directed at the Nigerian market among others.
The Governing Council consists of Chairman, who shall be a distinguished Fellow of the profession to be appointed by the President while the Director General of the Council shall be the Executive Vice Chairman and one representative not below the rank of a director from the supervisory Ministry.
Other members include one representative each of National Universities Commission (NUC); National Board for Technical Education (NBTE); Broadcasting Organisation of Nigeria (BON); Newspapers Proprietors’ Association of Nigeria (NPAN); Outdoor Advertising Association of Nigeria, (OAAN); Advertisers Association of Nigeria (ADVAN); Media Independent Practitioners Association of Nigeria (MIPAN) and Experiential Marketers Association of Nigeria (EXMAN).
The Association of Advertising Agencies of Nigeria, (AAAN) has five representatives and the Head of Legal Unit of the Council who shall always act as the Secretary of the Governing Council.
Now, one of the professional associations on Council of ARCON, OAAN has openly expressed support for a Bill that seeks the establishment of a regulatory body that will oversee, promote, and protect the assets of out-of-home media owners in Nigeria.
The OOH advertising media assets include billboards, walls capes, and posters seen while “on the go”. It also includes place-based media seen in places such as convenience stores, medical centers, salons, and other brick-and-mortar venues. OOH advertising formats fall into four main categories: billboards, street furniture, transit, and alternative.
The Bill entitled: ‘Chartered Association of Out-of-Home Media Practitioners of Nigeria (Establishment) Bill 2024 (SB. 448) was sponsored by Senator Enyinnaya Abaribe (APGA, Abia South), and passed the second reading on the floor of the Senate in July 2024.
In his lead debate on the general principles of the bill, Senator Abaribe explained that the out-of-home media industry, encompassing billboards, transit advertising, and digital displays, plays a pivotal role in the country’s advertising landscape.
According to him, it is a bill of significant importance, one that addresses the multifaceted impact of OOH media on our environment and the need for professionalizing engagements in this sector.
He said, “This Bill seeks to establish a professional body that will oversee, promote, and enhance the practice of out-of-home media in Nigeria. The Bill was read for the first time on Thursday, 16 May, 2024.
“The Body will among other things: Advance the Profession: The Body will promote the art and science of out-of- home media practice, ensuring that it evolves with technological advancements and international best practices.
“Standardization: By determining and periodically reviewing the standards of knowledge and skill required for practitioners, the Body will uphold high professional standards and ensure that members are well-equipped to meet industry demands.
“Promoting Competence and Professionalism: The Body will foster a culture of excellence, competence, and ethical conduct among its members, enhancing the credibility and effectiveness of the profession.
“This Bill seeks to professionalize engagements in the out-of-home assets ownership and establish or promote standards for all aspects of the practice, including design, production, installation, and maintenance. By doing so, we aim to ensure the quality and uniformity of such assets, enhancing the aesthetics of our environment.”
He added: “Professionalisation will involve rigorous training and certification processes for all stakeholders in the OOH sector. This will not only elevate the standard of practice but also instill a sense of accountability and responsibility among practitioners.
“To achieve these objectives, the bill proposes the creation of a formidable platform that brings together engineers, urban planners, and other experts or professionals from both the private and public sectors,” he stated.
However, since the ‘Bill’ was unveiled in the media, there has been agitation from other sectorial bodies and advertising professionals of the disruption the Bill will cause in the sector.
Heads of Advertising Sectoral Group (HASG) in a press release dated July 31, 2024, signed by its president, Lanre Adisa, said the group was not in support of the Bill.
HASG which comprises of OAAN, ADVAN; MIPAN; ExMAN and
AAAN, stated that they were never taken into confidence by OAAN regarding the bill calling for the establishment of a chartered body for the sector.
The group stated that while it ‘empathized’ with the association, it would however, distance itself from the Bill since it believed the existing extant regulatory apparatus set up by the government was robust enough to accommodate and respond to emerging concerns.
HASG also expressed the fear that duplicating or splintering the existing regulatory framework would weaken rather than strengthen the marketing communications industry.
But in a swift disclaimer to HASG position and to further support the Bill, OAAN in a press statement signed by its President, Sola Akinsiku distanced itself from the HASG’s decision to oppose the bill.
OAAN in the statement said: “We were not present at any meeting of the HASG where such issue was discussed and a decision taken.
“For the avoidance of doubts, our Association has unequivocally and unambiguously expressed our support for the Bill as proposed by the most distinguished Senator Abaribe Eyinnaya because we are convinced that the anticipated Charter will promote sanity, excellence and professionalism in the Out-of-Home media ecosystem.
“We believe very strongly that it is in the best interest of our practice and business as well as the industry to have the proposed chartered status. At the least, onslaught against Out-of-Home Media Assets in the country would be protected and bastardization of the environment with cluttering would stop.
“Therefore, we do reiterate that we do not subscribe to the statement by the HASG purporting to oppose the bill,” the statement reads.
He added that the proposed law would be in the interest of all.
Akinsiku, at the Association’s 39th AGM held recently insisted that the Bill when passed to law will be to the overall best interest of the OOH media space, and for the good of the entire industry. It will bring sanity into the media ecosystem in the country.
“I have the benefits of my conviction that you are all aware of the challenges the Out-Of-Home media assets owners have had to grapple with, especially in the hands of government departments.”

Akinsiku disclosed that each time government agencies rise against OOH media assets, investments running into millions of Naira are destroyed and that brands also suffer as ongoing campaigns are truncated.
“We have cried out for help against charlatanism and other causes of government’s destructive interventions whenever the environment comes under the siege of bombardments of contraptions that are called billboards.
He explained: “We cried out to APCON, and have sought help from ARCON. Though, ARCON under the leadership of the DG, Dr. Olalekan Fadolapo was willing to help, it could do but only little.”
“We have realised however that the OOH practice in Nigeria stands on two legs. There is the advertising leg which has to do with the content. This is effectively managed by ARCON but, there is also the other leg relating to the platform locations or sites, and which directly impacts on the environment.”
This non-advertising leg according to the OAAN President has been a cause of worry and challenge to business sustainability over the years.
Thus in Akinsiku’s conviction the advertising content aspect of OOH practice which rests in the hands of ARCON is intact and all obligations will continuously be fulfilled.
“However, the Bill when passed into law will bring order to the aspect that relates to acquisition and ownership of billboard locations. It will remove the ambiguity and inconsistencies currently associated with this aspect of the business.”
He explained further that OOH practice has suffered setbacks over the years, because of inadequate standards and lack of proper control of the non-advertising aspects of the practice which the bill now seeks to protect. Such include allocation of sites; environmental standards; engineering standards; entry/exit barrier and safety standards.
“I believe very strongly that the law will further help OOH practice in policy consistency, to ensure state signage agencies and local governments act in one accord; stop the bastardisation of the environment with cluttering; stop periodic destruction of OOH hoardings, by governments in their attempt to sanitize after bastardisation; guarantee business sustainability and check arbitrary, billing and all other onslaught against Out-of-Home Media Assets in the country.
Akinsiku also used the opportunity to correct the impressions in certain quarters that the bill was a ploy by OAAN to exit the ARCON umbrella.
He said: “Let me add at this point that contrary to postulations in certain quarters, the Bill will not in any way contradict or contend with the current powers of ARCON. It will, indeed help to further enhance the relevance of ARCON and promote sanity in the out-of-home media sector.
He therefore called for the understanding of all stakeholders and request that they all join hands with OAAN to support the initiative.
Despite OAAN reassurance that the Bill will not disrupt the advertising ecosystem, however there are still doubts among professionals on what the outcome will be when the Bill is passed into law.
But this magazine’s findings is that, with this development Nigeria is just aligning with international best practices in the industry going by example of what exists in other countries where there is an apex body for advertising also a law to regulate OOH media space.
An example of such country is Kenya, in East Africa with a coastline on the Indian Ocean. Its home to wildlife, the Maasai Mara Reserve, Amboseli National Park that offers a breathtaking view of Tanzania’s 5,895m Mt. Kilimanjaro, amongst many other tourist attractions. Many brands seek to establish business in the country and tap from its trading and business opportunities. As a result of this, a number of bodies and guidelines and legislations were brought into existence to control trade and advertisement in the country.
The major Advertising regulator in Kenya is the Advertising Standards Body of Kenya (ASBK). It is an independent body set up and charged with the responsibility of regulating the advertising industry in the country. Others are the Association of Practitioners in Advertising (APA), Marketing Society of Kenya (MSK).
However, there also exist the County Outdoor Advertising and Control Bill, 2018 which is an act of the Parliament of Kenya to provide for a legal framework for the regulation of outdoor advertisement in the counties; and for connected purposes.
This Bill was passed by the Senate with amendments and referred to the National Assembly to proceed to the Second Reading. On the 28th of October 2020, President Uhuru Kenyatta signed the County Outdoor Advertising Control Bill of 2020 into law.
The law targets advertisers utilizing outdoor advertisement in a bid to ensure that they respect the environment and the structures upon which the advertisements are displayed, while striking a balance between the need to advertise and the need for public safety.
The Act states that an application is to be submitted for an outdoor license, to the respective County Executive Committee member, by the person who intends to engage in outdoor advertising. It also prescribes an application fee, the written consent of the owner of the site, a block plan of the property upon which an advertising sign is to be erected, drawn to a scale specified by the County Executive Committee member and an artistic impression showing the detail, location and measurements of the proposed advertising sign to be submitted with the application for a license.
The County Executive member would consider the historic, archaeological, architectural, landscape and cultural effect the advertisement will have on the general characteristics of the area. The official would also contemplate the possibility of the proposed advertisement endangering anyone using any highway, railway, waterway, dock, harbour or aerodrome, hindering the operation of any device used for the purpose of security, surveillance or for measuring the speed of any vehicle or be so distracting or confusing as to pose a hazard to road users.
The official has a duty to only issue a license when they’re sure that the advertisement would have no negative preventable effect on the public. After this, the application may be approved and a license issued within fourteen days.
Section 11 however allows a license to be revoked if the applicant is found to be in contravention of the law or guidelines given for the approval and issuance of the license.
Another legislature that is geared towards regulation of outdoor advertisement is article 46 of the Constitution of Kenya, which focuses on consumer protection rights. Part VI of the Act, specifically, Sections 55 to 57, prohibits false or misleading representations, while ensuring that consumers are compensated if they suffer loss and injury as a result of lack of information regarding particular goods; and supply of unsafe, unsuitable or defective goods.
This Guideline covers false and misleading representations, unreasonable conduct, product safety standards and unsafe goods product information standards, and liability in respect of unsuitable goods and defective goods by providing for consistent, predictable and transparent consumer protection principles.
Section 15 of the consumer protection guidelines seemly deals with the content marketing communication. Content as it states that any statement representing a supplier’s products or services should be true, accurate and able to be substantiated and that if the statements are incorrect or likely to create a false impression, whether intentional or not, it is a violation of the Act, this includes advertisements.
OOH control is the same thing with South Africa where the Advertising Regulatory Board (ARB), is responsible for the administration of the Code of Advertising Practice (CAP), and the regulation of advertising content.
The main objective of the ARB is to protect consumers from advertisement that is in conflict with the CAP. If an advertisement is in contravention with the code, the Board will require the advertising to be withdrawn or corrected.
The ARB was previously limited in enforceability and applicability of its laws and policies, in the sense that, it had no jurisdiction over non-members. In the case of Herbex (Pty) Ltd, the Supreme Court of Appeal held that in the absence of a special agreement, the ARB (formerly known as ASA), had no jurisdiction and so, could not enforce any policy against non-members.
However, The Supreme Court of Appeal handed down a decision on the 12th of April, 2022, confirming that the ARB is entitled to consider the advertising of non-members, and issue decisions thereon, for the guidance of its members.
In pursuance of its commitment to addressing complaints, the ARB has a process through which complaints are lodged. After a person or entity believing an advert is false, misleading or harmful in any way has filed a complaint with the board, an advertiser is required to respond to a complaint within 3 to 5 days. This is dependent on the consumer or competitor lodging the complaint. After the board has reached out to the accused advertiser, a ruling is handed down within a month. Following the ruling, if the advertiser feels wronged, they may proceed for an appeal.
The CAP is the legal guideline that governs the procedures adopted by the ARB. This is based on the International Code of Advertising Practice, prepared by the International Chamber of Commerce. This is internationally accepted as the basis for domestic systems of self-regulation.
Section 1 of the code of advertising interprets the code. Section 2 contains the basic rules of advertising, that is, legality, decency, honesty and truthfulness, Section 3 outlines rules that are specific to particular situations, while Section 4 deals with editorial-style print advertisements.
South Africa boasts of 20 years of an impressive media regulatory presence, as a result, the media has a structured and dynamic system in place. The first document developed by the then Department of Environmental Affairs and Tourism (DEAT) in 1998 that served as a manual guide to outdoor advertising is SAMOAC. This was done in co-operation with the National Department of Transport.
According to an article by the Department of Forestry, Fishes and Environment of South Africa, SAMOAC forms the backbone of outdoor advertising control in South Africa. It serves as a national guideline document to controlling authorities on national, provincial and local level and also guides the outdoor advertising industry. It’s a practical Framework for the relationship between areas of control and landscape types in South Africa.
The document was reviewed in 2010 and measures were suggested to control the various means of outdoor advertising to make sure that it benefits the public, rather than harm it.
Another legislation controlling outdoor advertising in South Africa is the Outdoor Advertising bye law of 2008. The purpose of this law is ‘to provide for the regulation of outdoor advertising; to provide for outdoor advertising on Municipal property and private property; to provide for measures to ensure the health and safety of the public and to protect the environment; to create offences and penalties; to provide for the repeal of laws and savings; and to provide for matters incidental thereto’.
Chapter 2 of the law disallows displaying of advertisements without a permit issued by the municipality and states the exceptions to the rule of compulsory permit.
Chapter 3 highlights the procedure for application and approval of permits. It also states the conditions for suspension and withdrawal of permits. Chapter 4 states the advertising signs that are prohibited and chapter 5 states the areas of control of the law.
The outdoor advertising law of 2018 gives a comprehensive take on the outdoor practice in South Africa in a bid to make control and regulation easier.
Thus, it seems that OAAN is seeking to the South Africa’s experience and secure a law that robustly controls as well as protects the practice of OOH in Nigeria.
BV.