Advertising regulations and vetting processes in Nigeria, as overseen by the Advertising Regulatory Council of Nigeria (ARCON), formerly known as the Advertising Practitioners Council of Nigeria (APCON), have significant implications for all advertising activities, including those conducted online. Understanding these provisions is crucial for internet users, online advertisers, and anyone involved in digital marketing in Nigeria.
ARCON is the body charged with regulating and controlling advertising practices in Nigeria. It aims to ensure that advertisements are legal, decent, honest, truthful, respectful, and mindful of Nigeria’s culture. The Advertising Standards Panel (ASP) is a statutory committee within ARCON that is responsible for vetting advertisements to ensure they comply with prevailing laws and ethical standards.
The vetting guidelines apply broadly to all advertisements, encompassing various formats and media, including “interactive advertising” and “internet” advertising. This means that any advertising content intended for online consumption in Nigeria is subject to ARCON’s scrutiny.
The vetting process involves submitting advertisement materials to ARCON for examination and approval before they can be published or aired.
IMPLICATIONS FOR INTERNET USERS AND ADVERTISERS
Content Compliance: Advertisers must ensure that their online content adheres to ARCON’s ethical and legal standards. This includes avoiding misinformation, respecting Nigerian culture, and ensuring that claims are truthful and can be substantiated.
Vetting of Online Ads: Advertisers must submit their online advertisement materials for vetting and obtain approval before publishing them. This process is crucial for avoiding sanctions and ensuring compliance.
Cost Considerations: There are specific vetting fees for online platform advertisements, and these can vary depending on the speed of the vetting process. Regular vetting for online ads is less expensive than accelerated vetting.
Use of Foreign Models: The use of foreign models in advertisements targeted at the Nigerian audience attracts additional fees. This has implications for online campaigns that utilize international influencers or models.
SME Advertisers: Small and Medium Enterprises (SMEs) also have specific vetting fees, which are generally lower than those for regular brands, provided they meet certain requirements like NASME membership or SMEDAN certification.
Transparency and Trust: For internet users, these regulations aim to foster trust in online advertising by ensuring that the content they see is vetted for accuracy and ethical compliance.
Recently, the Advertising Regulatory Council of Nigeria (ARCON) issued a strict warning against deceptive advertising, emphasizing that consumer protection is paramount. Following a Federal High Court ruling in Suit No. FHC/L/CS/1262/2024 affirming its authority, ARCON has declared that all advertising across traditional and digital media—including social media platforms like Instagram, Facebook, TikTok, and X (formerly Twitter)—must comply with its regulations.
The Council expressed concerns over misleading ads, citing recent fraudulent schemes like the CBEX Ponzi scam that exploited unsuspecting Nigerians. ARCON warned that agencies, influencers, and advertisers must seek prior approval for all ads before publication. Any entity found violating these guidelines will face investigation and potential prosecution by the Advertising Offences Tribunal.
To enhance enforcement, ARCON has launched a compliance task force to monitor ads and urged the public to report deceptive advertisements. It reiterated that ethical and truthful advertising is essential for public trust and economic stability.
Finally, the ARCON regulations play a crucial role in shaping the landscape of online advertising in Nigeria. By setting standards for ethical conduct and mandating pre-vetting, ARCON aims to create a more responsible and transparent advertising environment. This has significant implications for internet users and advertisers, requiring careful attention to compliance to ensure that online advertising activities are both effective and ethical.
TAKEAWAYS
- ARCON’s regulations apply to all forms of advertising in Nigeria, including online advertising.
- Online advertisers must ensure their content is ethical, truthful, and culturally sensitive.
- Pre-vetting of online advertisements is mandatory.
- There are cost implications for vetting, especially for accelerated processing and the use of foreign models.
- These regulations seek to protect consumers and promote responsible advertising practices in the digital space.
REFERENCES
1. Vetting Guidelines for the Advertisement of Regulated Products.
2. NEW VETTING RATES WITH EFFECT FROM JANUARY 1, 2024
