In response to the lawsuit filed by the Advertisers Association (ADVAN) against the Advertising Regulatory Council of Nigeria (ARCON) regarding the new advertising law, ARCON has suggested that ADVAN should engage a competent legal counsel to enhance their understanding of the law, particularly the sections they find contentious.
The apex advertising regulatory body gave this advice while addressing the concerns raised by ADVAN in their document, which identified sections of the new advertising law that they considered unconstitutional and harmful to their members’ rights.
“Engage and seek counsel from competent and experienced legal practitioners on Nigerian administrative law, advertising law, and jurisprudence as this will help in their quest for better clarification and understanding,” it said.
ARCON stressed that its constitutional mandate empowers it to regulate advertising and marketing communications to ensure stability in the advertising industry. It emphasized that advertising is a specialized skill and regulated profession, and those involved should operate in accordance with the ARCON Act.
In a press statement released by ARCON, the advertising regulator explained that while the primary remit of the ARCON Law is to regulate advertising, advertisement and marketing communications in all ramifications, “all regulatory agencies also have overlapping functions on business and industry that impinge on their regulatory jurisdiction”.
Furthermore, ARCON clarified that it doesn’t license ADVAN members but sets industry frameworks in line with its mandate. It was also noted that the Federal Government has the right to define advertising for the Nigerian market.
Regarding the Advertising Offences Tribunal, ARCON highlighted that such tribunals exist in various sectors of the Nigerian legal system and questioned ADVAN to specify which sections of the Nigerian Constitution the establishment of this tribunal violates.
“Each profession comes with relevant qualifications as well as a regulatory framework or guidelines”.
“It will be expedient to ask ADVAN to state the sections of the Constitution of the Federal Republic of Nigeria which the establishment of the Advertising Offences Tribunal breaches”.
On payment timelines, the apex regulatory body stated that it provides a regulatory framework for advertising and marketing communications in Nigeria since self-regulation has failed in the country, insisting that payment terms regulatory framework is within its remit and available in other industries and sectors of the economy.
This response comes after ADVAN expressed its reasons for taking legal action against ARCON, citing sections of the new Advertising law they believed were inconsistent with the Nigerian Constitution and detrimental to their members’ well-being.
