The Advertising Regulatory Council of Nigeria Act: What is new?
INTRODUCTION
Advertisement industry had been regulated by different laws particularly the Advertising Practitioners Council of Nigeria Act. This is the body that regulates advertisement. However the major setback of this law is the limitation in its scope of applicability. This was held in the case of MIC Royal Limited v. Advertising Practitioners Council of Nigeria where the court held that the law was only applicable to Advertising Practitioners. The Advertising Practitioners was defined in the act as a person or company that is registered with APCON.
In order to remedy this anomaly, President Muhammadu Buhari signed the Advertising Regulatory Council of Nigeria ( ARCON) bill into law.
The APCON Act was repealed while the ARCON Act was enacted.
The NEW PROVISIONS IN ARCON ACT
1. Scope of Application: The act is now Applicable to all persons and individuals that is engaged in the advertisement whether directly or indirectly.
2. Compulsory Registration: The Act has made it mandatory for a person or a company that is involved in Advertisement to register with ARCON. In addition to that any advertisement that such company intends to make must first be submitted to the Council for vetting before it is put out in the public space.
3. There is now an investigating panel that investigate professional misconduct.
4. The law is now Applicable to digital advertisement.
5. There is now a ban on the use of foreign models and voice over artists on the nation’s Advertising space.
ENFORCEMENT OF THE LAW
The ARCON has amazing innovations and the Council has swung into action in enforcing them. The ARCON instituted an action against Meta Corporations ( Instagram, Facebook,Instagram and WhatsApp) for not vetting the ad that is publicised on their platforms. The matter is currently in Federal High Court.
CONCLUSION
The Act does not left the stone unturned also in the promotion of local content.
The Act has been criticised regarding the power of vetting that is vested on the body for its impracticability. The Act provides that every advertisement that has to be done by any persons must be vetted by the body.
