Notebook from West Africa -- Developments in Nigerian Advertising Law

At the International Advertising Association's Africa Rising conference, which just wrapped up in Accra, Ghana, yesterday, I conducted a very interesting "fireside chat" with Dr. Olalekan Fadolapo, who is the Director General of the Advertising Regulatory Council of Nigeria (otherwise known as "ARCON"). 

Dr. Fadolapo -- who is Nigeria's head advertising regulator -- has been in the news a lot lately in Africa and around the world.  He's got a lot of ideas about what's broken in the advertising industry, and has lots of ideas about how to fix it.  Agree or disagree with his approach, it's certainly interesting to hear how Nigeria is choosing to approach these issues, and if you're planning to advertise in Nigeria, understanding the rules is absolutely critical.

ARCON requires that all advertisements -- which are very broadly defined under Nigerian law -- be approved by the agency before they are published.  APCON just sued Meta (the owner, of course, of Facebook, Instagram, and WhatsApp), charging the company with publishing unauthorized advertising on its platforms.  ARCON is seeking to assess a $70 million fine on the company.  ARCON said, "Before you put out anything, it should be vetted and approved by ARCON first before exposure.  Anything that has not been vetted and approved by ARCON is a violation of our law.” 

ARCON also has strict requirements about what content may be included in advertising that appears in Nigeria as well.  Most recently, Nigeria has banned the use of foreign talent in advertising that appears in Nigeria.  The new rule, which went into effect on October 1st, requires that, "All advertisements, advertising and marketing communications materials are to make use of only Nigerian model and voice-over artist."  The rule doesn't impact campaigns that have already been launched, however.  ARCON explained that it instituted the rule to support the government's policy "of developing local talent, inclusive economic growth and the need to take necessary steps and actions aimed at growing the Nigerian advertising industry."  

Dr. Fadolapo is passionate about ensuring the health of Nigeria's advertising industry.  For brands, advertising agencies, and media companies working in Nigeria, it's also important to understand that Nigeria has strict rules about doing business there as well.  Nigeria's rules cover everything from how advertising agencies may be invited to pitch business to the payment terms that may be included in contracts.  He explained that these rules -- greeted by lots of applause from the audience here in Accra -- are essential to ensure that the various participants in the advertising ecosystem are treated fairly.