ADVAN foot drags on litigations against ARCON
By Oghale Mafuru
Feelers emanating from the industry have revealed that the Advertisers Association of Nigeria, ADVAN has been reluctant to pursue legal action against the apex advertising regulatory body due to interventions by renowned and respectable industry leaders.
It would be recalled that following the introduction of the new advertising law, under the leadership of Dr. Olalekan Fadolapo, members of the advertisers’ association vehemently rejected the law alleging that it is draconian in nature and not in the interest of marketing professionals.
While the ARCON boss, Dr. Olalekan Fadolapo repeatedly confirmed the involvement of key stakeholders in the industry before the enactment of the law, the ADVAN President, Osamede Uwubanmwen, maintained that the association was not carried along in the enactment process.
The ARCON Director General at different fora had expressed commitment to herald a new paradigm shift in the advertising industry by ensuring strict adherence to the advertising laws as well eliminating practices that have stifled the growth of the industry and country at large.
The new advertising law which was introduced shortly after the apex advertising regulatory council changed its name from the Advertising Practitioners Council of Nigeria, APCON to the Advertising Regulatory Council of Nigeria ARCON, seeks to correct some abnormalities and flaw in the business and practice of advertising and marketing communications in the country.
In an exclusive interview with MARKETING EDGE recently, the ARCON DG stated the provisions of the law addresses the payment timeline and disengagement procedures among several other concerns.
In his word: “Notwithstanding the provisions in any Act, ARCON has exclusive power to determine, pronounce upon, administer, monitor and enforce compliance by persons and organizations on matters relating to advertisements, advertising, and marketing communications in Nigeria whether of a general or specific nature.”
“Upon violation of any provision of this Act, the Council is mandated to seal advertising department, marketing department or commercial departments of organizations and agencies upon obtaining a court order” he added.
The new law also recognizes the establishment of a Governing Council which is saddled with the responsibility to formulate and implement regulations and guidelines on advertisement, advertising and marketing communication, and control creative ratings, industry terms of engagements, credit policy and disengagement protocols.
“The Council shall have the powers to monitor and enforce sanctions on any person or organization that sponsors, exposes or causes to be exposed in Nigeria any advertising, Advertisement and Marketing Communications materials without the prior approval of the advertising Panel”.
The apex advertising regulatory body also announced that the provision of the law which allow the establishment of the Advertising Offences Tribunal which shall adjudicate over offences created under the Act, Code of Advertising Practice, Standard of Practice, Proclamation and other relevant enactment made under the Act.
Other statutory committees and bodies recognized by the law include the Advertising Practitioners Disciplinary Committee, The Advertising Practice Investigative Panel, Advertising Arbitration Panel, Advertising Standards Panel, and the Advertising Offences Tribunal.
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