FROM APCON TO ARCON, ITS A NEW AND DELICATE TURN FOR THE ADVERTISING AND MARKETING COMMUNICATIONS INDUSTRY IN NIGERIA

 


At an international Press Conference held today 22nd August 2022, at the L'eola Hotel Maryland Lagos, ARCON unveiled a new chapter for Advertising in Nigeria. In this far reaching, sweeping 33 Page Document, Advertising and Marketing Communications industry would wear a new identity for its practitioners and stakeholders. A must read for anyone engaging in any form of advertising including those in the creative industries. As clarified when asked the question if a Film maker shoots their movie and gets clearance from Nigeria Film Board to put their movie out, DR. OLALEKAN FADOLAPO, FCA, rpa DIRECTOR GENERAL, ARCON said if the next step of putting out billboards, posters and promos for those movies are engaged in then they are bound by the new ARCON Law. The details of these laws are quite far reaching and this has necessitated a soon to be embarked on road show by ARCON to make Nigerians become conversant with the new Law.



Below are some excerpts of the Law.

REMIT OF THE LAW

This Act repeals the Advertising Practitioners (Registration, etc.) Act, Cap. A7, Laws of the Federation of Nigeria, 2004 and enacts the Advertising Regulatory Council of Nigeria Act, 2022 to establish a Council for advertising, advertisements and marketing communications as the apex regulatory authority for the Nigerian advertising industry, make provision for the regulation and control of advertising, ensure the protection of the general public and consumers, promote local content and entrench the best international practices.

REMIT OF THE LAW S1, 2d Notwithstanding the provisions in any other Act, have exclusive power to determine, pronounce upon, administer, monitor, and enforce compliance by persons and organizations on matters relating to advertisements, advertising, and marketing communication in Nigeria, whether of a general or specific nature.

REMIT OF THE LAW ▪ S2 The provisions of this Act applies to — ▪ S2a Individual, organization, body corporate or agency of the Federal Government, State, or Local Government which engages in, regulates, sponsors or takes benefit of advertising services, advertisements, and marketing communications services; and ▪ S2b Any person who sponsors or takes benefit of an advertising, advertisement, or marketing communications services within the provisions of this Act.

APPLICATION OF THE ACT ▪ Advertisement” means a notice, announcement, exposure, publication, broadcast, statement, announcorial, informercial, commercial, hype, display, town cry, show, event, logo, payoff, or trademark to promote, advocate, solicit, showcase, endorse, vote or support a product, service, cause, idea, person or organization with the intention to influence, sway, actuate, impress, arouse, patronize, entice or attract a person, people or organization by an identified sponsor irrespective of media, medium or platform; 

INTEPRETATION OF TERMINOLOGIES (S63) ▪ Advertising means any act, action, activity, construct, or undertaking directly, or indirectly, intentionally, or unintentionally, aimed at creating, planning, strategizing, managing, developing, producing, propagating, servicing, or facilitating an advertisement, brand, or marketing communications ideas.

INTEPRETATION OF TERMINOLOGIES (S63) ▪ Marketing Communications means any act, gesture, endeavor, execution, performance tactics, or effort aimed at sharing promotional information, evoking emotion, creating awareness, or encouraging demand for a product, service, cause, idea, person, or organization through the use of public media, mass media, or any medium capable of disseminating information to the public directly, or indirectly, intentionally, or unintentionally. 

INTEPRETATION OF TERMINOLOGIES (S63) ▪ Advertiser” means a person, private or public organisation that causes, requests, directs, or pays for an advertisement, advertising or marketing communications ideas to be created, developed, produced, executed, expose or that takes benefit of advertisement, advertising, and marketing communication services. 

INTEPRETATION OF TERMINOLOGIES (S63) ▪ Advertisement agency” means any agent, agency, or organization that engages in full advertising service, creative advertising, media buying, media planning, media brokerage, experiential marketing, activation, out-of-home advertising, brand consulting, brand management, digital advertising, or any other advertising, marketing communications service. ▪ Media means any medium, channel, or platform that disseminate, circulate, expose, broadcast, publish, display or make public an advertisement.

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