It goes without saying that one of the most important aspects of business is generating demand through letting your target market know about your product or service in the first place.
This is the overall objective of advertising, which is the usually paid use of mass communication tools to communicate with the target users of a product or service for the purpose of brand awareness, letting potential customers/clients know about a product or service specifications(customer information), brand promotion,and generally influencing demand .
This write-up will be dealing with the legal aspects of advertising in Nigeria, with a focus on :-
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– The Regulatory agencies and Legal Framework governing advertising in Nigeria.
– The principles governing Advertising Practice in Nigeria.
– The prominent legal provisions on the process of putting out adverts.
– The Regulatory requirements for putting out advertisements in Nigeria.
– The extent of applicability for advertising laws and regulations in Nigeria.
What is the Legal and Regulatory Framework governing advertising in Nigeria?
Advertising in Nigeria is governed by the following laws :-
– The Advertising Practitioners Registration Act.
– The Advertisement Practitioners Council of Nigeria Vetting Guidelines (or “The Vetting Guidelines”).
– The Nigerian Code of Advertising Practice, Sales Promotion & Other Rights/Restrictions on Practice (or “The Advertising Code”).
– The Standards Organization of Nigeria Act .
– The Federal Competition and Consumer Protection Commission (FCCPC) Act.
Compliance with Advertising laws and regulations as well as the vetting of Advertising concepts in Nigeria is administered by the Advertising Practitioners Council of Nigeria (APCON) and the Advertising Standards Panel (ASP).
What are the basic principles of Advertising Practice in Nigeria?
The regulatory principles on which advertising in Nigeria are anchored are :-
- Legality (No Advertisement shall be used to promote objects that are illegal/in violation of any law in force in Nigeria or contrary to public policy or morality. Advertisements are to procure SON certification where necessary).
- Truth (No Advertisement shall make any representations that are false, not yet subjected to objective testing and confirmation, or evasive concerning product and service pricing).
What are the requirements for getting an advertisement concept approved by APCON for broadcasting ?
This will first require making an application to the Registrar of APCON through an APCON-registered practitioner as well as applications to relevant Regulators for industry-specific advertisements e.g. Banking or Financial service advertisements will require prior vetting by the Central Bank of Nigeria.
This APCON application will be supported by :-
– a duly filled and signed ASP form by an Advertising Practitioner not below an Associate men we stating his APCON registration code;
– a letter of authorization to advertise the product or service from the client (advertising business) signed by an APCON-accredited practitioner;
– a copy of the Advertisement concept which must be approved;
– a minimum of 12 unit samples of the product to be advertised or service demonstrations where necessary;
– a NAFDAC certificate where necessary;
Is the use of foreign models allowed in Advertisements in Nigeria?
No it is not. All models in Nigerian adverts are to be strictly Nigerians except where the Advertisement concept requires the use of foreigners as models.
Even then, such Advertisement concepts will require a fee of 500 Thousand Naira payable to the ASP for each version of the advertising concept.
What will happen if i choose to place my advertisment without APCON/ASP approval?
Placing or broadcasting an advertisement without ASP approval will incur a risk of a minimum 500 Thousand Naira penalty for both the Advertising Agency and the Advertiser.
Can an ASP/APCON approval be revoked?
Yes, it can. This can occur if a condition upon which the Advertising approval was granted by the ASP has been violated by the Advertiser.
How far does the jurisdiction of APCON/ASP go in Nigeria?
The APCON has jurisdiction over all advertisement media in Nigeria, including Internet advertisements.
What are the requirements for approving Online advertisements?
Online adverts require a clearance fee of 25 Thousand Naira per Advertisement concept, with separate payments required where the same advertisement is released in different versions with different models and different languages.
The enforceability and legality of regulations governing online advertisements however remains a controversial topic.
Conclusion :- Advertising in Nigeria carries with it a wide framework which requires a lot of guidance in terms of Legal advice and representation.