Advertising is an important marketing tool that enables businesses to promote their products and services, establish brand recognition, and connect with their target audience. Beyond creating awareness, advertising can highlight unique features, foster goodwill, and strengthen a company’s market presence.
In Nigeria, advertising is regulated by general and sector-specific laws, regulations, and guidelines that set out principles, standards, and approval requirements for advertising activities. Key regulations include the Nigerian Code of Advertising Practice, the ARCON Vetting Guidelines, the Federal Competition and Consumer Protection Act, and the Standards Organisation of Nigeria Act, among others.
The primary regulator is the Advertising Regulatory Council of Nigeria (formerly APCON), supported by other agencies such as NAFDAC, NCC, CBN, NBC, and the FCCPC, which oversee advertising in specialized sectors like food and drugs, telecommunications, broadcasting, and financial services. Together, these bodies ensure that advertising in Nigeria remains compliant with the law. This article provides a comprehensive overview of these laws.
Key Regulations and Governing Bodies
The following legal frameworks provide the regulations applicable to all forms of advertising in Nigeria:
1. Advertising Regulatory Council of Nigeria (ARCON) Act, 2022
The foundational legislation for advertising regulation in Nigeria is now the Advertising Regulatory Council of Nigeria (ARCON) Act, 2022, which repealed the Advertising Practitioners (Registration, etc). Act, CAP A7 LFN 2004. This Act establishes ARCON as the apex body responsible for supervising and controlling advertising, marketing, and communications practices across all media platforms in Nigeria.
It is the sole authority that oversees and regulates both Nigerian and foreign corporate entities involved in advertising, advertisements, and marketing communications within Nigeria.
Under the Act, ARCON’s regulations include:
- Regulating all forms of advertising in Nigeria, whether digital, outdoor, or broadcast, to ensure they meet set standards.
- Safeguarding consumer and public interests by curbing misleading, harmful, or unethical advertisements.
- Promoting local content and creativity while ensuring alignment with global best practices, thereby fostering both cultural relevance and international competitiveness.
- Enforcing licensing, registration, and disciplinary protocols for practitioners, agencies, and platforms within the advertising ecosystem.
- Administering an Advertising Offences Tribunal, empowered to hear and determine cases involving violations of advertising laws and impose appropriate sanctions.
2. Advertising Regulatory Council of Nigeria (ARCON) Vetting Guidelines/Procedures
The ARCON Vetting Guidelines are the current regulations governing the approval of all advertisements in Nigeria. Issued under the ARCON Act, 2022, the guidelines replaced the former APCON vetting system but maintained the same core function, which is the pre-exposure clearance of advertisements to ensure truthfulness, legality, and public interest protection.
Under these rules, every advert, whether for TV, radio, print, outdoor, or digital platforms, must be submitted to ARCON’s Advertising Standards Panel (ASP) for review and approval before publication or broadcast. The vetting process checks for misleading claims, offensive content, intellectual property violations, and compliance with sector-specific laws (e.g., NAFDAC for food/drugs, NBC for broadcast).
The guidelines empower ARCON to approve, reject, or withdraw adverts and impose penalties for non-compliance, making vetting a mandatory step for advertising agencies, brands, and media platforms operating in Nigeria.
3. The Nigerian Code of Advertising Practice, Sales Promotion, and other Rights/ Restrictions on Practice 2012 (The Advertising Code)
The Nigerian Advertising Code sets the standards for knowledge, registration, and professional practice in Nigeria’s advertising industry, applying to both Nigerian and foreign participants. It promotes fair competition, protects local content and talent, and safeguards Nigeria’s cultural identity while ensuring that advertising remains honest, decent, and socially responsible.
The Code applies to all advertising practitioners, agencies, sector associations, and organizations using advertising services in the Nigerian market. Enforced by the Advertising Standards Panel (ASP) through a mandatory vetting process, this requirement ensures that all advertisements are legal, truthful, and culturally respectful, with claims supported by verifiable evidence.
It also mandates the use of Nigerian models in ads unless a concept specifically demands otherwise and prohibits content that infringes on copyright or intellectual property rights.
4. The Federal Competition and Consumer Protection Act (FCCPA 2018)
The Federal Competition and Consumer Protection Act (FCCPA) is designed to safeguard consumers from unfair business practices, false representations, and deceptive advertising. It promotes transparency, fair trade, and healthy competition by ensuring that consumers receive accurate information to make informed purchasing decisions.
Advertisers are legally required to present truthful, clear, and non-misleading claims about their products or services, including details such as quality, price, performance, and country of origin. Any exaggeration, omission of material facts, or deceptive marketing strategy, such as false discounts, bait advertising, or misleading promotional offers, can attract investigations, fines, compensation orders, and even criminal liability from the FCCPC.
5. Standards Organisation of Nigeria (SON) Act 2015
The SON Act establishes the Standards Organisation of Nigeria as the authority responsible for setting and enforcing quality and safety standards for goods and services in the country. Its primary goal is to protect consumers, promote fair trade, and ensure that products sold in Nigeria meet minimum quality benchmarks.
All advertising claims related to product quality, performance, safety, or compliance must meet the standards approved by SON. Marketers are required to substantiate any statements such as “certified,” “premium quality,” or “meets Nigerian standards”, with verifiable evidence of SON certification or testing. Misrepresenting a product’s compliance, using false quality marks, or advertising substandard goods can lead to product seizures, fines, prosecution, or withdrawal of the product from the market.
Other Sector-Related Regulations Governing Advertising in Nigeria
Beyond the Advertising Regulatory Council of Nigeria Act (ARCON Act 2022), several other laws and regulators influence advertising practices in Nigeria by setting standards for truthfulness, consumer protection, and product safety. They include the following:
1. National Agency for Food and Drug Administration and Control (NAFDAC)
NAFDAC is the primary regulator for the advertisement of food, beverages, pharmaceuticals, cosmetics, medical devices, bottled water, and other consumable or health-related products in Nigeria. It serves to protect public health by ensuring that all promotional materials are truthful, scientifically substantiated, and compliant with safety regulations.
Advertisers must obtain NAFDAC’s approval before airing or publishing any advertisement for products under its jurisdiction. Claims relating to health benefits, nutritional content, or disease prevention/cure must be backed by credible evidence. Non-compliance can result in fines, product recalls, or outright bans on the advertisement or product.
2. Central Bank of Nigeria (CBN)
The CBN regulates advertisements for banking, financial services, fintech products, and investment opportunities to ensure accuracy, transparency, and consumer protection. All financial advertisements must disclose key terms, such as interest rates, fees, risks, and conditions, and must avoid exaggerating benefits or concealing costs.
Misleading promotions, such as false claims about guaranteed returns, hidden charges, or unauthorized investment schemes, can attract sanctions, including fines, suspension of operations, or withdrawal of licenses. This extends to both traditional and digital financial marketing campaigns.
3. National Broadcasting Commission (NBC)
The NBC supervises all content transmitted through radio, television, cable, and satellite within Nigeria, including advertisements. It enforces the Nigeria Broadcasting Code, which sets strict standards for decency, cultural sensitivity, accuracy, and fairness in broadcast advertising.
Advertisers must ensure their content avoids offensive material, hate speech, discriminatory messages, or misleading claims. The NBC also imposes specific restrictions on certain categories, such as alcohol, tobacco, gambling, and political advertising, including scheduling limitations and mandatory health warnings. Violations can lead to fines, suspension of broadcast rights, or withdrawal of licenses for offending media outlets.
Requirements for Advertising in Nigeria
Under Article 21 of the Nigerian Advertising Code, all advertisements, except a few limited categories such as public service announcements, goodwill messages, obituaries, and job vacancy notices, must be submitted for vetting and approval by the Advertising Standards Panel (ASP) of the Advertising Regulatory Council of Nigeria (ARCON) before they can be released to the public.
This requirement ensures that advertising messages are truthful, decent, and compliant with Nigerian laws and industry standards, protecting consumers from false or misleading claims.
Mandatory Vetting and Penalties
- Pre-approval Certificate: Before an advertisement can be published or broadcast, the advertiser or agency must obtain an ASP Certificate of Approval.
- Media House Obligations: All media platforms, like television, radio, print, online, or outdoor, are required to demand this certificate before accepting an advertisement.
- Penalties for Non-Compliance:
- Any media house that publishes or airs an advertisement without an ASP Certificate is liable to a minimum fine of ₦500,000.
- Advertising agencies and advertisers who authorize or place unapproved ads are equally subject to the same ₦500,000 penalty per violation.
- ARCON also reserves the right to suspend or revoke an approval if it later discovers that the advertiser submitted false information, altered claims, or breached any conditions of approval.
Application and Vetting Process
To obtain approval and an ASP Certificate, an application must be submitted through a registered ARCON practitioner, who will forward the request to the Registrar of ARCON with all required documentation.
Key requirements include:
- A formal application addressed to the Registrar/CEO of ARCON requesting vetting of the advertisement.
- Completed and signed ASP Form 001 by an ARCON-registered practitioner, including their ARCON registration number.
- Supporting Regulatory Certificate from other regulators like NAFDAC for food, drugs, cosmetics, and related products, or CBN for financial services ads, etc.
- A signed Product Authorization letter from the client authorizing the advertisement.
- Professionally produced advertising copies/layouts and, where applicable, product samples for inspection.
- Evidence of Product Registration with the appropriate government agency.
- For certain products, ARCON may require live demonstrations to verify claims before approval.
In conclusion, no advertisement may be exposed to the public until the applicant receives the ASP Certificate of Approval, duly signed by the Registrar of ARCON. Approved advertisements are issued with unique identification codes, which must be displayed on all final advertising materials.
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