ADVAN is very supportive of the plan to create a Standard of
Practice for the advertising industry, a key objective of ADVAN is to
facilitate and support progress in the advertising and marketing communications
industry. ADVAN is excited to be a part of any initiative towards the
development of industry best practice which will facilitate business and
economic growth.
According to the statement sent and endorsed by Bunmi
Adeniba Acting President ADVAN saying The Supreme Court has in many decisions,
pronounced that the rationale for freedom of contract is founded on public
policy: i.e., parties of full age and competent understanding are deemed to
have the utmost liberty of contracting, and that their contracts when entered
freely and voluntarily must be held sacred and be enforced by courts of law,
Furthermore, as principal benefactors of Advertising
services our role and input with regards to this AISOP has not been fully
onboarded, the current AISOP is void of critical elements that protect the
rights and interest of the ADVAN community.
It is the submission of ADVAN and all its members, that the
current AISOP does not serve collective interest, but rather permits unfair
authority of certain parties over others and creates an unfriendly business
framework.
It portrays a clear indication of discriminatory standards
where the AISOP document in section 5 sub section b (Discounts and Commissions)
states that “No party will unilaterally dictate or impose rates on another
party except as may be mutually agreed by upon by the parties” however in the
summary submitted to the press there is a clause that states “Media rates may
be increased at any time provided that at least 30 days’ notice is given prior
to implementation”. Latter of which was not included on original documents,
further portraying an inconsistency in expectation.
ADVAN requests that in all instances, the condition of a
mutually agreed terms by both parties be upheld and not only as it applies to
expectations from Advertisers.
Government has a specific and critical role in supporting
industry development by providing fair and enabling legislation and guidelines
for ethical business practices, this involvement however, should not overrule
the constitutional rights of business entities to conduct legitimate business
activities.
The perception of a discriminatory regulatory system will be
counterproductive to the collective objective of creating a conducive business
environment.
Consequently, in the interest of creating an inclusive free,
fair, and transparent industry standard of practice, ADVAN has sent in a clear
representation of expectation.
ADVAN is on standby for the acknowledgment of this position
and further engagement on a standard of practice framework that is in the
mutual interest of all.
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