Agency Report

Advertising: No going back on industry reforms – ARCON

The Advertising Regulatory Council of Nigeria (ARCON) has said it would not succumb to threats or blackmail from any quarters in its determination to sanitize and institute reforms of the advertising industry.

The Director General of the Advertising Regulatory Council of Nigeria (ARCON), Dr. ‘Lekan Fadolapo, who dropped the hint in a statement made available to Vanguard, dismissed the claim of the Advertising Association of Nigeria (AD- VAN) that the regulatory body was working against business growth as enunciated in the ARCON Act, No. 23 of 2022 published in the Federal Republic of Nigeria Gazette No 120 of 5th July 2022, Vol. 109, Government Notice No. 87, which commenced on June 27, 2022.

Sunday Vanguard recalls that ADVAN President, Osamede Uwubanmwen, addressed newsmen, (including Vanguard), where he revealed that the association has already drafted 50 questions challenging the legitimacy of the new advertising law, and would seek the interpretation of the court on most of the controversial provisions of rules set by ARCON, the regulatory body.

Reacting to ADVAN challenge, the ARCON DG, in- sisted that the laws were geared towards strengthening the advertising industry and protecting the interests of stakeholders.

On advertising contracts between advertisers and other shareholders, ARCON said, “Contrary to ADVAN’s position, the council must be involved in advertising contracts between advertisers and other shareholders.”

Fadolapo also clarified: “ARCON role is to establish minimum acceptable industry standards for advertising, advertisements, and marketing communications.”

“These standards serve only as a framework to guide transactions involving stakeholders. The council emphasised that regulatory agencies in various industries establish standards to ensure fair practices.

He said, “Some ADVAN members that engage in oppressive policies with impunity over the years are uncomfortable with the new fair-trade practice framework.

They want to continue taking the industry for granted through exploitative policies, fleecing other stakeholders, something they cannot do in other countries. Why will they comply with payment policies in other markets and decline the same in Nigeria?

The council argued that these members resist the fair-trade practice framework because it prevents them from taking advantage of the industry through exploitative policies.
ARCON also reflected on local content policy and the ban on foreign models, which ADVAN frowned at and re-emphasised its position. The regulatory body stated that its local content policy would enable Nige- ria and Nigerians to benefit from advertising. The policy, it noted, would require a minimum local content per- centage in all advertisements, encouraging organisations to use Nigerians as a critical element in their advertisements.

The ARCON DG expressed his disapproval of companies that heavily rely on imported advertisements, as it leads to job losses and significant revenue outflow from Nigeria.

“ARCON carried along every stakeholder in its law review exercise, the council de- fended its engagement with ADVAN during the review of the ARCON law, stating that the process involved input from all stakeholders and the public. The council also ex- plained that a public hearing took place at the National Assembly, where ADVAN representatives were present and made both oral and written submissions. ARCON refuted ADVAN’s claim that they were not engaged in the law review process, stating that the record is available for everyone to see.

“The President of ADVAN lied that they made no input or submission on the law. It is surprising to hear ADVAN complain they were not en- gaged,” the statement read.

To this end, ARCON reaffirmed that it remained the industry regulator and would not submit to any group or stakeholder that threatens to undermine the growth and development of the advertising industry.

(Vanguard)

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