ADVAN at daggers drawn with ARCON over advertising law
By Oghale Mafuru
In reaction to the new advertising law recently promulgated to ensure strict adherence to ethical standards of practice, the Advertisers Association of Nigeria, ADVAN is set to institute legal actions against the Advertising Regulatory Council of Nigeria, ARCON upon the expiration of the deadline of its request for the agency to give interpretation to some sections of the law.
This was disclosed by Osamede Uwubanwmen, President of the Advertisers Association of Nigeria, ADVAN, in an exclusive interview with MARKETING EDGE.
According to him, the Association had, in a document which was sent to the apex advertising regulatory body, requested interpretations to sections of the law which it considered to be in dissonance with the constitution of the Federal Republic of Nigeria. He added the document which constituted 50 questions was sent to the agency more than 30 days ago adding that the association will not hesitate to approach the court soon.
He said: “We are not saying the entire law is bad but we have come up with things that we know does not work. Like every law, you cannot pour the baby and the bath water away. What we did with those questions is to say compare it with the law If the constitution says we have fundamental right for free legal contract which means I can enter into contract with anybody or anything as long as it is legal and have right to negotiate those contract terms.
What the advertising law says now means that I cannot take anybody I want that will say you can pay me in 90days. If I am not careful, I will fall foul of the law.
“There is nothing like court case. We need interpretation that is why we asked questions that are confusing to us, that is why we have also written to them to ask them how does this thing work in line with the constitution. It is the interpretation of the law we are looking for that is why we came up with questions. We don’t want this to have roots before we ask for explanation. If ARCON do not answer us, we will go to court” he declared.
“Even the beginning of the law states that nothing supersedes this advertising law. Does it include the Constitution of the Federal Republic of Nigeria?
Reacting to the newly constituted Advertising Offences Tribunal, for the adjudication of offences under advertising law, the ADVAN helmsman expressed worry over the ability of the Tribunal to ensure fairness and equity in the administration of justice.
“A well constituted court has lawyers which represents. Who represents me in this panel? Is it a lawyer or advertising people that come to the panel? Am I supposed to bring my legal team or advertising team? How do you think you want to equate a tribunal and give it the same legal standing as an approved court? He asked.
Meanwhile, the apex advertising regulatory agency confirmed to MARKETING EDGE that it received a pre-action notice of summon but not a request for interpretation as stated by ADVAN.
Commenting on this, Dr. Olalekan Fadolapo, Director General of ARCON said:” The only letter that was received from them was a pre-action notice to sue us. The law requires that they give us 30 days’ notice and we acknowledged the receipt of their mail.
There was nothing like a 50 questions to answer. The only document they gave us is a notice to file a suit against us”.
Recall that upon the unveiling of the new advertising law, ADVAN had vehemently rejected it describing it as ‘draconian and one-sided’. According to the association, it law wields a heavy stick on advertisers through stringent regulations with no corresponding stipulations on the practices of agencies and other stakeholders in the industry.
However, the apex advertising regulatory agency has maintained that the new regulatory framework is aimed at eradicating unethical practices that has over the years stifled the growth of the advertising industry adding that the series of reforms is geared towards stimulating economic growth by revolutionizing the business and practice of the profession.
“If there is no law, abuse is inevitable, there will be maximum disorder” said the ARCON boss.
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