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About the Advertising Regulatory Council Of Nigeria (ARCON)

Davies Ngere Ify

As a business owner or marketing professional in Nigeria, you’re likely familiar with the Advertising Regulatory Council of Nigeria (ARCON). This pivotal organization plays a crucial role in shaping the advertising landscape across the country. ARCON’s mission is to ensure ethical and responsible advertising practices, protecting consumers while fostering a thriving industry.

In this article, you’ll gain valuable insights into ARCON’s history, functions, and impact on Nigeria’s advertising sector. Understanding ARCON’s regulations and guidelines is essential for anyone involved in creating, approving, or disseminating advertisements in Nigeria. Let’s explore how ARCON influences your marketing efforts and helps maintain industry standards.

What is the Advertising Regulatory Council of Nigeria (ARCON)?

The Advertising Regulatory Council of Nigeria (ARCON) is the apex regulatory body for the advertising industry in Nigeria. Established to maintain high ethical standards and promote responsible advertising practices, ARCON plays a crucial role in shaping the nation’s advertising landscape. The Advertising Regulatory Council of Nigeria is headed by a Director-General appointed by the Nigerian Government, with Olalekan Fadolapo currently serving in this position.

The council’s jurisdiction extends to all forms of advertising, including print, broadcast, outdoor, and digital media, but not limited to:

Any other media platform capable of being used for advertisement.

ARCON works diligently to ensure that advertisements are truthful, decent, and socially responsible. By maintaining stringent oversight, The Advertising Regulatory Council of Nigeria (ARCON) fosters a competitive yet ethical advertising environment. This approach not only protects consumers from misleading or offensive content but also enhances the credibility and effectiveness of advertising as a whole.

Through its efforts, ARCON contributes significantly to the growth and professionalism of Nigeria’s advertising sector, aligning it with global best practices while addressing local cultural sensitivities and economic realities.

History

The Advertising Regulatory Council of Nigeria (ARCON), formerly known as the Advertising Practitioners Council of Nigeria, is a regulatory body established by the Nigerian Government in 2022. It was formed to regulate and control advertising in Nigeria, replacing the Advertising Practitioners Council of Nigeria Act (APCON) with the Advertising Regulatory Council of Nigeria Act, 2022.

The Advertising Regulatory Council of Nigeria (ARCON) has achieved several notable milestones since its inception:

These achievements have solidified ARCON’s position as the premier advertising regulatory body in Nigeria, ensuring that the industry maintains high standards of professionalism and ethical conduct. As the advertising landscape continues to evolve, ARCON remains committed to adapting its regulatory framework to meet new challenges and opportunities in the field.

The Role and Responsibilities of ARCON

The Advertising Regulatory Council of Nigeria (ARCON) plays a crucial role in regulating and monitoring the advertising industry in Nigeria. Here are some of the key responsibilities of this regulatory body:

  1. Regulation and Control: ARCON regulates and controls advertising, advertisements, and marketing communications in Nigeria, ensuring they meet the required standards.
  2. Effective Administration: The council is responsible for the effective administration, supervision, regulation, and control of advertising, advertisement, and marketing communication in Nigeria.
  3. Investigations and Inquiries: ARCON carries out investigations or inquiries considered necessary or desirable in connection with any matter relating to advertising, advertisement, and marketing communications in Nigeria.
  4. Creative Ratings and Awards: The council regulates and controls creative ratings, advertising, advertisement, and marketing communications awards, as well as marketing communications research.
  5. Preservation of Local Content: ARCON preserves Nigerian local content and promotes the use of indigenous skills in advertising, advertisement, and marketing communications services.
  6. Regulations and Guidelines: The council formulates and implements regulations and guidelines on advertising, advertisement, and marketing communications industry terms of engagement, credit policy, and disengagement protocol.
  7. Registration and Licensing: ARCON secures the establishment and maintenance of separate registers for individuals and corporate bodies entitled to practice in any form of advertising, advertisement, and marketing communications.
  8. Mergers and Acquisitions: The council formulates policies, regulates, approves, and oversees advertising, advertisement, and marketing communications business combinations, mergers, acquisitions, subsidiary investments, affiliations, and other investments by organizations licensed under this Act.

Powers of the Advertising Regulatory Council of Nigeria (ARCON)

These are some of the powers of ARCON:

  1. Regulatory Powers: Authorize, formulate, establish, and issue codes, proclamations, standards of practice, guidelines, and other regulations on advertising, advertisement, and marketing communications in Nigeria.
  2. Licensing and Enforcement: License and revoke licenses issued to all categories of advertising agencies; monitor and enforce sanctions on unauthorized advertising, advertisement, and marketing communications materials.
  3. Investigative Powers: Investigate and compel public and private organizations to produce advertising and marketing communications-related information; access books, including financial records of licensed organizations.
  4. Compliance and Disclosure: Compel public and private organizations to use only licensed bodies corporate for advertising and marketing communications services; disclose all advertising service providers engaged by them.
  5. Prosecution and Sanctions: Investigate and prosecute individuals, body corporates, or organizations that violate this Act; sanction any person or organization that infringes on advertising regulations.
  6. Remedial Actions: Seal advertising, marketing, or commercial departments of violating organizations; compel removal of unauthorized advertisements or marketing communications.
  7. General Powers: Take necessary actions for effective performance of its functions under this Act.

ARCON’s Guiding Principles for Advertising in Nigeria

The Advertising Regulatory Council of Nigeria (ARCON) has established a set of guiding principles to ensure ethical and responsible advertising practices across the nation. These principles serve as a cornerstone for maintaining high standards in the advertising industry while protecting consumers and promoting fair competition.

Truth and Accuracy

ARCON emphasizes the importance of truthful and accurate advertising. All claims made in advertisements must be substantiated and not misleading. This principle ensures that consumers can make informed decisions based on reliable information.

Social Responsibility

Advertisements should respect Nigerian cultural values and societal norms. The Advertising Regulatory Council of Nigeria (ARCON) encourages advertisers to promote positive social messages and avoid content that could be deemed offensive or harmful to vulnerable groups.

Fair Competition

ARCON promotes fair competition among businesses by prohibiting comparative advertising that disparages competitors’ products or services. This principle fosters a healthy advertising ecosystem where companies can showcase their strengths without resorting to unfair tactics.

Protection of Minors

Recognizing the vulnerability of children, ARCON has strict guidelines for advertisements targeting minors. These rules ensure that ads do not exploit children’s inexperience or credulity and promote responsible marketing practices.

By adhering to these guiding principles, advertisers in Nigeria can create compelling campaigns that resonate with audiences while maintaining ethical standards and complying with ARCON’s regulations.

Privileges of Registered Persons and Offences by Unregistered Persons

Only registered individuals are entitled to hold appointments in:

Unregistered individuals are not permitted to perform acts related to the profession for financial gain in Nigeria.

Offences:

Penalty:

ARCON’s Code of Advertising Practice

The Advertising Regulatory Council of Nigeria (ARCON) has established a comprehensive Code of Advertising Practice to ensure ethical and responsible advertising across the country. This code serves as a guiding framework for all stakeholders in the advertising industry, promoting transparency, fairness, and consumer protection.

Key Principles

The code emphasizes truthfulness in advertising claims, prohibiting misleading or deceptive content. It mandates clear disclosure of material information and requires advertisers to substantiate their claims with credible evidence. ARCON’s guidelines also stress the importance of social responsibility, encouraging ads that respect cultural sensitivities and promote positive values.

Compliance and Enforcement

To maintain high standards, The Advertising Regulatory Council of Nigeria (ARCON) actively monitors advertising content across various media channels. The council has the authority to review ads, request modifications, or halt the distribution of non-compliant materials. Advertisers who violate the code may face penalties, including fines or suspension of advertising privileges.

Industry Impact

By adhering to ARCON’s Code of Advertising Practice, businesses can build trust with consumers and enhance their brand reputation. The code fosters a level playing field for fair competition while safeguarding public interest. As the advertising landscape evolves, ARCON continues to update its guidelines, ensuring they remain relevant and effective in the digital age.

Adverts Vetting

The Advertising Regulatory Council of Nigeria (ARCON) is committed to promoting responsible and ethical advertising practices. As the conscience of society in matters of commercial communications, ARCON acts as a watchdog for consumers and manages the needs and interests of stakeholders in Nigeria’s advertising industry.

ARCON collaborates with sectoral associations to regulate the conduct of their member organizations, ensuring socially responsible practices. By requiring pre-exposure clearance of all advertisements, ARCON prevents abuses such as misleading statements, spurious testimonials, and visual and verbal exaggerations.

Vetting Procedure

To advertise, practitioners must submit an application to the Director General of ARCON, accompanied by all necessary documents.

The Standards Panel reviews applications on a monthly basis. However, accelerated vetting may be requested. If granted, the applicant assumes full responsibility for the emergency meeting. Accelerated vetting options include 4 working hours, 8 working hours, and 16 working hours.

No advertisement should be exposed without a Certificate of Approval from the ASP, stamped by the Director General of ARCON. Copies of the Certificate of Approval must be attached to all media orders.

If an application is denied, the applicant may appeal to the Director General of ARCON, stating the grounds for appeal.

The ASP may withdraw or revoke approval if conditions are violated, altered, or changed, or if new facts emerge affecting the validity of earlier data or claims.

Special Provisions

Sponsorship of sporting events by alcoholic beverage brands is permitted. However, in television coverage of such events, only brand/corporate names, logos and/or product packs shall be used as flashes or backdrops on the screen.

Advertisements for alcoholic beverages shall not be aired between 6:00 am and 8:00 pm on radio and between 6:00 am and 10:00 pm on television, motion picture billboards and similar platforms.

Advertisement for tobacco products is strictly prohibited.

Approval to advertise could be withdrawn or revoked by the Standards Panel at any time after if in the opinion of the Standards Panel any condition for such approval have been violated, altered or changed in any way or where new fact emerges to vitiate any condition upon which the approval was given or which affect the validity or authenticity of data or claims made by the applicant.

All approvals to bear: Approved by Advertising Regulatory Council of Nigeria.

Vetting Guidelines For Advertising Content

The policy on a minimum of 15% cumulative local content will be applicable to all advertising, advertisement and marketing communication materials directed at the Nigerian Market.

How to Get ARCON Approval step-by-step

To obtain approval from the Advertising Regulatory Council of Nigeria (ARCON), follow these essential steps:

Submit Your Application

Begin by preparing a comprehensive application package. This should include your proposed advertisement, detailed product information, and any supporting documentation. Submit this package to ARCON’s designated office or through their online portal.

Pay the Required Fees

ARCON typically charges fees for reviewing and approving advertisements. Ensure you pay the correct amount as specified by the council. Keep your payment receipt as proof for future reference.

Wait for Review

After submission, ARCON’s expert panel will review your application. This process may take several weeks, depending on the complexity of your advertisement and current workload.

Respond to Feedback

If ARCON has any concerns or requests for modifications, they will contact you. Respond promptly and make the necessary changes to your advertisement to align with their guidelines.

Obtain Approval Certificate

Once your advertisement meets all requirements, ARCON will issue an approval certificate. This document is crucial, keep it safe as proof of compliance with Nigerian advertising regulations.

Display ARCON Approval

After receiving approval, ensure that you display the ARCON approval number or certificate on your advertisement as required. This demonstrates your commitment to ethical advertising practices in Nigeria.

Note: Any description, claim, or illustration made in an advertisement must be supported by empirical proof or capable of substantiation. This proof or substantiation must be readily available, so that evidence can be produced without delay upon request to the Advertising Standards Panel.

Evidence is required to support superlative or comparative claims made in an advertisement.

Testimonials or endorsements made in an advertisement must be supported by proof.

Vetting Fees

The following fees apply:

Traditional Media

Regular: N35,000.00

Accelerated Hours:

Online Platform

Regular: N20,000.00

Accelerated Hours:

SME Category

Regular: N20,000.00

Accelerated Hours:

Note: Membership of NASME or Certificate by SMEDAN is required.

Special Category

Lottery, Lotto, Game: N1,000,000

Betting, Gambling, Wager: N1,000,000

Promotion, Raffles, Draws: N1,000,000

Variation (Foreign Talent): N2,500,000

Variation (Foreign Production): N3,000,000

All consumer promotions are vetted and verified by the Standards Panel. When applying for verification, the promotional incentives listed in the advertisement materials must be inspected by the Standards Panel to ensure that consumers/participants are not deceived.

Compliance and Enforcement: ARCON’s Regulatory Powers

The Advertising Regulatory Council of Nigeria (ARCON) wields significant authority to ensure compliance with advertising standards and regulations across the country. This regulatory body employs a range of powers to maintain the integrity of Nigeria’s advertising landscape.

Monitoring and Investigation

ARCON actively monitors advertising content across various media channels. Their vigilant approach allows them to identify potential violations quickly. When concerns arise, ARCON has the authority to launch thorough investigations into advertising practices, examining both the content and the methods used to disseminate it.

Enforcement Mechanisms

The Advertising Regulatory Council of Nigeria (ARCON) possesses a robust toolkit for enforcing compliance:

These measures ensure that advertisers adhere to established standards, protecting consumers and maintaining fair competition within the industry.

Collaboration and Education

While ARCON’s enforcement powers are formidable, the council also emphasizes prevention through education and collaboration. They regularly engage with industry stakeholders, offering guidance and training to help advertisers understand and meet regulatory requirements. This proactive approach fosters a culture of compliance, reducing the need for punitive measures.

Penalty

Any media house that publishes or exposes an advertisement without the Standards Panel Certificate of Approval will be liable to a minimum penalty of ₦500,000.

An agency that creates and/or places an advertisement for publication or exposure without the Standards Panel Certificate of Approval will also face a minimum penalty of ₦500,000.

Similarly, an advertiser who authorizes the publication or exposure of an advertisement without the Standards Panel Certificate of Approval will be liable to a minimum penalty of ₦500,000.

Additionally, an advertising practitioner who publishes, exposes, or knowingly aids the exposure of an advertisement without the Standards Panel Certificate of Approval will be subject to the Council’s Disciplinary Procedure.

The Advertising Offences Tribunal

The Advertising Offences Tribunal (in this Act referred to as “the Tribunal”) is established under this Act.

The Tribunal shall adjudicate over offences created under this Act, Code of Advertising Practice, Standard of Practice, Proclamation and other relevant enactments made under this Act.

The Tribunal shall exercise the jurisdiction, powers and authority conferred on it under this Act or any other enactment.

The Tribunal shall have and exercise jurisdiction and powers in respect of criminal cases and offences created under this Act.

Notwithstanding the provisions of any other enactment conferring power to search, if the Chairman of the Tribunal is satisfied that there is a reasonable ground to suspect that there may be found in any building or other places, any book, record statement, or information in any form, which, in his opinion are or may be material to the charge or any trial under this Act, he may issue a warrant under his hand authorizing any police officer or any member of the security agencies to enter, if necessary by force, the said building or other place and every part of it, to search for, seize and remove any material from it.

Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision to the Court of Appeal at the instance of any party to the proceedings.

Miscellaneous Provisions

Any person including sponsor or beneficiary of an advertisement, body corporate, organization or agency which creates or places for publication or exposure of an advertisement in any medium directed at or targeting the Nigerian market without the prior approval of Standards Panel commits an offence and is liable to such fine as stated in the Nigerian Code of Advertising Practice.

The Advertising Practitioners (Registration, etc.) Act, Cap. A7, Laws of the Federation of Nigeria, 2004 is repealed.

Navigating ARCON Regulations: Tips for Advertisers

The Advertising Regulatory Council of Nigeria (ARCON) plays a crucial role in shaping the advertising industry in Nigeria. To navigate ARCON regulations effectively, you must first familiarize yourself with the council’s guidelines and standards. Stay updated on the latest changes and amendments to ensure compliance.

Prioritize Ethical Advertising

ARCON emphasizes ethical advertising practices. Focus on creating honest, transparent, and socially responsible campaigns. Avoid misleading claims, offensive content, or anything that could be construed as harmful to consumers or society at large.

Seek Pre-approval When Necessary

For certain types of advertisements, The Advertising Regulatory Council of Nigeria (ARCON) requires pre-approval. Be proactive in submitting your materials for review well in advance of your campaign launch dates. This approach can save you time, resources, and potential legal issues down the line.

Collaborate with ARCON-Certified Professionals

Consider partnering with advertising agencies or professionals who are well-versed in ARCON regulations. Their expertise can help you navigate the regulatory landscape more efficiently and reduce the risk of non-compliance.

Maintain Detailed Records

Keep comprehensive records of your advertising materials, approvals, and any correspondence with ARCON. This documentation can prove invaluable in case of any regulatory inquiries or disputes.

Conclusion

In conclusion, the Advertising Regulatory Council of Nigeria (ARCON) plays a vital role in maintaining ethical standards and best practices within Nigeria’s advertising industry. As you navigate the complex landscape of marketing and promotions, understanding ARCON’s guidelines and regulations is crucial for your success.

By adhering to these standards, you not only ensure compliance but also contribute to a more transparent and trustworthy advertising environment.

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