Speaking to newsmen on Monday, May 23, 2022, APCON
Registrar/ Chief Executive Officer, Dr. Olalekan Fadolapo stated that in the
bid to drastically reduce the unethical digital advert practices in Nigeria,
the Corporate Licensing agency is making moves with the support of the Nigerian
Police Force and the National Assembly to regulate the digital media space.
Dr Lekan’s said, “There is a lot going on in the digital
media space and its high-time we make moves to regulate them. Following several
petitions of activities of people operating in the digital media space, the
National Assembly has passed a resolution directing APCON to take
responsibility for the digital media space, not withstanding the ongoing APCON
law review.
Read the full statement below;
“Advertising regulation, self or statutory, has created
conducive business atmosphere around the world and Nigeria has not been an
exception. Since the establishment of the Advertising Practitioners Council of
Nigeria (APCON) by Act No. 55 of 1988 which charged APCON with the regulation
and control of advertising in Nigeria in all aspect and ramifications, APCON
has through her mandates significantly reduced the exposure of unwholesome and
unethical advertisement in the traditional media, this includes the print,
broadcast and out-of-home media.
“With the increase of digital media activities in Nigeria
and accessibility of online media platforms, we have been faced with a new
threat of unethical and provocative advertising and marketing communication
materials which have every potential of inflaming religious crisis, moral
decadence and misleading information when allowed to thrive with attendant
negative effect on the country, its economy and value system.
“The advent of the internet and new media, characterized
with social networking sites such as Blogs, Facebook, Twitter, Instagram,
WhatsApp etc., has revolutionized communication globally. All the giant tech
and primary digital media platforms owners such as Google, Facebook, Twitter,
YouTube etc have been exploring the Nigeria digital media space with all sort
of advertisements some of which are in violation of the Nigerian Code of
Advertising Practice, pre-exposure vetting and ethical requirements of an
advertisement.
“These days, many people are bloggers and influencers
offering themselves, their services, blogs and media handles as platforms for
product and services to be advertised on without recourse to accepted
principles and ethics of the advertising practice. The sharp increase in
violation and infraction of the Nigerian Code of Advertising is not only
worrisome but also portends danger.
“APCON has been inundated with petitions over unethical
advertisements exposed on the online media platforms targeting Nigeria market
by both the primary and secondary digital media platform owners.
“Sadly we have had complaints and petitions from the general
public to call online media platform owners to order because of some
reprehensible advertisements such as those promoting rituals, patronage of
private parts enlargement, breast enlargement, love portions, money charms,
concoctions to provide political powers, and other many unimaginable things not
worthy to be mentioned in the public media. Some others have claimed the
ability to cure all manner of ailments with one particular product without
scientific proof. A particular advertisement has offered ultimate solution with
one product for getting rid of piles, HIV, diabetes, COVID, Stroke, Cancer etc.
“The Federal House of Representatives in Abuja observed the
pathetic trend of the exposure of advertisement on online media advertising
platforms and consequently deliberated on the need to regulate online
advertising. It has passed a resolution and has directed APCON to effectively
monitor and regulate online media advertisements.
“Furthermore, the resolution passed by the House of
Representatives unequivocally directs APCON to ensure that online
advertisements conforms with the prevailing laws of the Federation and as such
must be made to comply with the provisions of the Nigeria Code of advertising
Practice, Sales Promotion and other Rights/Restrictions on Practice.
“APCON’s regulation of online advertisement extends to all
advertisements broadcast, published, or expose on any of the digital platforms
directed or accessible within Nigeria.
“As it is statutory, section 23 of the Advertising
Practitioners (Registration Etc) Act, CAP A7, L.F.N 2004 establishes the
Advertising Standards Panel and charges it to ensure that advertisements
conform the prevailing laws in Nigeria as well as the code of ethics of
advertising. It follows therefore that the Panel vets and approves all
advertisements before exposure and we advise all advertisers, agencies and
media platforms to seek the Panel’s approval of any advertisement prior to
exposure.
“The Code has adequately provided a guide and basic standard
which as a matter of necessity all advertisements should embrace as minimum and
acceptable level. The Code demands that advertisement must be legal, decent,
honest, truthful, respectful and mindful of Nigeria’s culture, constitutional
tenets and relevant lawful enactments.
“With the electioneering season at hand, elective political
office aspirants are also implored to ensure that their political
advertisements are vetted and approved by the ASP before exposure on any
medium. This will diminish the repugnant influence of hate speech and unethical
political communication in the country”.
What You Should Know About APCON
In Nigeria, APCON is in charge of regulating the advert
space and approving adverts for the promotion of products and services.
However, the regulator seems to have been losing advert fees
and its authority to the tech companies as digital adverts become more popular.
APCON, however, still controls the traditional media channels – Newspaper,
Television, Radio, and Billboards.
Equipped with its 5th Nigerian Code of Advertising Practice
& Sales Promotion (the “Code”) effective January 2013, APCON has been known
to levy sanctions on businesses whose advertisements are not vetted prior to
publication or exposure. Its contention has been that it is empowered to
regulate advertisement in general and that any person or entity who publishes
or procures the publication of an advertisement within the meaning of the Act
and the Code is an advertiser and is therefore within the remit of its
regulatory powers.