ADVAN/ARCON cold war deepens over advertising regulations 

There’s no end in sight to the disquiet in the advertising industry following the creation of the Advertising Practitioners Council of Nigeria (ARCON).

The Advertisers Association of Nigeria (ADVAN) said it has gone to court to challenge the constitutionality of the amended ARCON Law.

President of ADVAN, Mr. Osamede Uwubanmwen, said the decision to sue the federal government became imperative after a thorough and deliberate consideration of the law’s implications for the advertising industry and its members.

This is just as the ARCON has said it would not succumb to blackmail.

Uwubanmwen who spoke at a press conference in Lagos ahead of the 12th Edition of the ADVAN African Awards for Marketing Excellence slated for Sunday November 26th, 2023 in Lagos explained that the decision to challenge the ARCON Law is rooted in the organization’s unwavering commitment to upholding the Nigerian constitution and ensuring the rule of law prevails in the country.

He stated, “We do not take this matter lightly because we are law-abiding brands that hold the Nigerian constitution in the highest esteem. The ARCON Law, as it stands, has raised concerns that need to be addressed. We have engaged in numerous dialogues and consultations, and we want to clarify that while there were discussions suggesting that ADVAN had already gone to court, that was not official. We can now confirm that we have indeed taken the matter to court to challenge the constitutionality of the law.

“The Nigerian constitution is a revered document, and any amendments to it must adhere to a stringent process that involves approval by two-thirds of the Senate and the House of Assembly in Nigeria.

“After a thorough examination, ADVAN has identified certain aspects of the ARCON Law that appear to be in conflict with the constitution. This includes the handling of marketing and advertising within the constitution and the regulation of contractual agreements between two parties. The organization believes that such agreements should not be legislated upon but should remain within the realm of enforceable legal contracts.”

Uwubanmwen further explained that the purpose of regulating communication is to ensure that harmful content is not displayed, and when it transforms into a revenue-generating mechanism, it contradicts the essence of regulation. This is especially concerning for corporate entities operating in Nigeria.”

But the Director General of ARCON, Dr. Olalekan Fadolapo has insisted that the council will not succumb to blackmail and intimidation from carrying out its set out reforms in the advertising industry.

In a statement, he stated that the  Minister of Information and National Orientation, Alhaji Mohammed Idris, has approved the full implementation of the Advertising Industry Reform.

He said, “Shortly after the announcement of my reappointment as the Director-General of ARCON, the President of the Advertisers Association of Nigeria (ADVAN), Mr. Osamede Uwubanmwen called some journalists to resume media attack targeted at my person and office due to the ongoing advertising industry reform.

He stated that Nigerians should be considered as primary in advertisement targeted at the Nigerian market.

“Use of foreign models and voices are banned except where it is inevitable. If you are selling your product to Nigerians, use Nigerians in your communication elements.

“Stop the capital flight and development of other economies by going out of the country to produce adverts meant for the Nigerian market, thereby killing the advertising industry.

“All commercials to be exposed to Nigerians should be produced in Nigeria. Create jobs for our youths, help grow and develop the Support Service sector of the industry and circulate the money within the Nigerian advertising ecosystem.