Again, ARCON Warns Content Creators, Others Against Breaching Advertising Code

The director-general of the Advertising Regulatory Council of Nigeria (ARCON), Dr. Olalekan Fadolapo has warned Nigerian SkitMakers, bloggers, comedians and other content creators using digital platforms to promote their business by advertising, to seek approval before publishing or face legal sanctions.

The apex advertising regulatory body has vowed to penalise individuals or organisations, such as OAPs, influencers, vloggers, comedians, skit makers, agencies and brand owners who breach the Nigerian Code of Advertising and the ARCON Act by broadcasting unapproved ad campaigns.
Fadolapo stated that majority of unapproved campaigns and hypes from certain individuals have had negative impact on the society, stating that even when a campaign has been reviewed and approved by the Advertising Standards Panel (ASP), AOPs, influencers and so on, must still submit their hype messages to the council for approval before it can air on any medium.

“Any hype that is brand- related or for brand communication must not only be censored, but also align with Nigeria’s code of Advertising.”
Speaking in a Media chat, he alluded that the skitmakers and OAPs share content that promotes Ponzi schemes, resulting in monetary losses for their large fan base of followers and subsequently tarnishing Nigeria’s as a whole.

He said, “Not long ago there was a case of an individual who complained that a property company duped him because of the alleged promise the company made to him and couldn’t fulfill,” adding that it is not an attempt by the federal government to regulate freedom of speech in that area.
“What we are saying is that there is a line and space called advertising. If you cross that line and move your skit or comedy into the advertising space as defined by law, then you are moving into a regulated space, and your activities in that space will be regulated,” he said.

Commenting on the development, regulatory umpire and legal practitioner, Charles Odenigbo, recalled the re-enactment of the law in 2022, which came with 63 sections and in various parts.
He also stressed on the need for materials to be vetted by Advertising Standards Panel (ASP) before being exposed or published through Article 24, adding exceptions such as: public service announcements, goodwill messages, obituaries and vacancies.

The President of the Experiential Marketers Association of Nigeria (EXMAN), Tunji Adeyinka in his own submission said that advertising is regulated and any campaign directed at the consumer’s need to be vetted by the regulator.