The announcement by the Advertising Regulatory Council of Nigeria (ARCON) that all skit creators, comedians, influencers, bloggers and other stakeholders in the Nigerian digital and online media must obtain permission from the Council before posting any advertisement might not go down well with members of the industry.
The question for me is why? What could have warranted this decision? I mean bloggers and influencers have been doing this for years now without any stress.
Well, according to ARCON some of these influencers/bloggers/skit creators use their social media outlet/platforms/channels to advertise goods and services that are “unethical”, “spread misinformation” and “violates the Nigerian Code of Advertising Practice”. This is ARCON’s main reason for this, meaning, the main aim is to scrutinize the content of the advertisement or the advertising brand in question.
What this means is that for every advertisement that a blogger intends to put up on behalf of a brand on his handle, he/she would have to seek approval from ARCON before they can post it for the public to see.
This is so wide. There are too many questions to be answered, but we would try and take it one step at a time.
First and foremost, the new Advertising Regulatory Council of Nigeria Act, 2022 came into existence in August 2022, and some of the aims of the Act are to regulate and control advertising, ensure the protection of the general public, promote local content, and entrench best international practices. It was in line with these aims that ARCON had in October 2022 banned the use of foreign voice-over artists and models in advertisement in Nigeria. Now, the body has come up with this new shocking one.
It is agreeable that with the advent of the social media and digital world, there are now new trends of advertisement, unlike what we had in the 90’s (the newspapers and media houses), hence the need for a law that would control this new trend. The slight issue I have, and believably most people would have is why should it be the skit creators/bloggers/influencers that should obtain permission for “each” advertisement on their handle? Why not the brand making the advert? If the sole purpose is to ensure that the advert in itself is not unethical or does not spread misinformation, why shouldn’t the advertising brand undergo the process of obtaining ARCON’s approval?
How would this even work? Does this also apply to influencer who become brand ambassadors? To the best of my knowledge, it should, because if the influencer should put up any advert, which includes the one he/she is a brand ambassador without the proper authority from the Council, then he/she would be penalized. So, if I am a big influencer and a brand intends to advertise on blog, let us say, two different adverts for one brand, am I to seek permission for each advert? So, if I have ten different brands, am I to run to this Council for everyone of them? Also, if there are three influencers that have been approached by one brand, with the hope of spreading its reach, are each of the influencers to go to the council for the same brand? Was this what was obtainable during the era of media houses? How is the permission even sought? The list goes on and on.
According to the Council, the main purpose of this policy is to prevent advertisement of goods and services that are unethical and violates the Nigerian Code of Advertising Practice. What this simply means is that every skit maker/blogger/influencer should get abreast with this Code of Advertising Practice or best yet, get their lawyers to do so for them. So, whenever they are offered contracts to advertise on their various platforms, they should ensure that their lawyers vet the advertisement properly to be sure it doesn’t violate the practice. This is because, the thing called “ignorance” is no excuse in law.
Also, ARCON also set up tribunals for the purpose of punishing offenders. Tribunals are like High Court, and this would further mean that if any influencer violates this new policy, he/she would most likely be arrested and prosecuted.
My advice, if you are in this industry, consult your lawyer now, like now. I am saying this because, I know that you would not read that Act, even if you do, you most likely would not get a full grasp of it. No offence intended.
Now, to the second argument. Some of my colleagues believe that this is just another way to tax members of this industry. This industry is growing in a way that is beyond expectation. Members of this industry seem to be amassing wealth and the industry in itself is making great commercial impact to the economy of Nigeria. Didn’t the Director-General of the ARCON say that the Agency was under-budgeted? That its allocation in the proposed 2023 budget was grossly inadequate. I am quite certain that one of the requirements for the permission of the council would be that the payment of a certain fee, not sure of the amount though, but it might be reasonably fair. Who then would bear the cost? The influencer I presume, or maybe it can be pushed to the advertising brand.
But rather than going on and on about how uncomfortable this makes you feel, as an influencer, get yourself lawyers. Obey the law first, hopefully, there would be changes.
I think is more of creating another avenue to make money, they have seen the kind of money some of these social media influencers and content creators are making. It is also true that some of the contents out there are very unethical, lacks every sense of morality. Some examples Sirbalo and Mr macaroni with their very unnecessary display of women specific parts.
For me, skit makers/bloggers/influencers etc should be well regulated and protected
Well, what has the Government managed well, effectively and successfully that they want to add another agency/regulatory body. There are many more pressing and dire issues the government should channel their energy, time and resources into.
I think the stakeholders of the advertising industry and the new emerging members (bloggers and influencers) needs to have an elaborate round table discussion. Advertisement on print and broadcast media are guided by the Code of Advertising which is flouted daily by these new members
Hello Unity,
Thank you so much for this.