Maintaining Advertising Rules in Political Campaigns 

Raheem Akingbolu writes on the need for Advertising Regulatory Council of Nigeria and the Independent National Electoral Commission to further regulate political messages ahead of the 2023 general election

Political advertising in the country has been amorphous in nature with politicians, political parties and their consultants throwing caution to the wind in exposing their advertising materials to the electorate.

Interestingly, the Advertising Regulatory Council of Nigeria (ARCON) has embarked on sensitisation programmes on political advertising through what it tagged; ‘Leadership Responsibility and Compliance with the Law of Nigeria’. This is coming on the heels of more regulatory responsibilities and power given to the body in the new ARCON Act, recently signed into law by President Muhammadu Buhari.

This new Act repeals the Advertising Practitioners Registration 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. It also makes 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.

Notwithstanding the provisions in any other Act, ARCON has 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.

The knotty Areas

Over the years, advertising has become fundamental tools in the hands of politicians and political parties before, during and after elections, in order to influence the electorate to support, accept, or reject any political party and its ideologies. It is also obvious that political advertising in the country is more propagandist in nature with positive and negative political advertising, employing descent and foul language respectively to sell political parties and their ideas and ideologies.

Invariably, most political advertisements, year in, year out, are usually informed of hate speeches which Nigerians have said portend danger for the unity of the country as the nation starts its political journey to usher in a new administration to pilot the affairs of the country.

Also, many Nigerians believe that if hate speech is not properly addressed it is capable of setting the country on fire especially now when the country is going through a turbulent period.

Setting the tone to address the issue of hate speech in political advertising, Mr. Akin Orebiyi, the guest speaker at a recent forum, said: “The Advertising Regulatory Council of Nigeria (ARCON), the Independent National Electoral Commission (INEC) and other agencies whose functions are directly or otherwise connected with the forthcoming elections have been given responsibilities to address hate speech.”

He further said: “These agencies, in fulfilment of their functions under the Constitution of the Federal Republic of Nigeria, have also put in place guidelines to enable them perform their functions appropriately.”

He added: “These particular guidelines or enabling laws are to ensure a smooth democratic process culminating in the successful conduct of the general elections next year.

“With the references from ARCON’s Nigeria’s Advertising Code and INEC’s Electoral Act, it is obvious that these laws have been instituted for the peaceful, smooth, seamless and orderly conduct of the election process especially during the 150 days permitted by law for political campaigns as enshrined in the Electoral Act 2022.”

He said that if politicians and political parties would comply with these laws, it would help to avoid conflicts, a breakdown of law and order, perceived injustice which could lead to chaos and violence. He said: “This confirms the fact that the overall intention of these laws is to seek the goodness of the Nigerian society and the growth of democracy, and invariably to seek the goodness of all the stakeholders – the candidates, the political parties, the media, the regulatory bodies and the electorate.”

Stakeholders’ Views

Director General of APCON, Dr. Olalekan Fadolapo, in his address at the forum, said that the forum was important as Independent National Electoral Commission (INEC) would soon flag off campaign and political advertising, and that if proper actions and enlightenment programmes were not taken, there could be possibility of having serious crisis in the country.

Resident Electoral Commissioner of INEC in Lagos State, Mr. Olusegun Agbaje,  who was represented at the forum by Adebisi Ajayi, said: “As the Presidential and National Assembly campaigns start across the country on September 28th 2022, the game of electioneering should be done in accordance to the law, as INEC is ready to conduct credible elections in 2023.”

He said that INEC has done a lot by making sure that measures are put in place to enable success in the election.

He added that political entities needed to work with INEC to make sure that their conducts were within the ambit of the law, adding that all political parties are also given a level playing field to carry out their campaigns.

Director General, Centre for Media Law and Development, Charles Odenigbo, said, to ensure compliance, there must be adequate education for the political class. He added that sanctions and prosecution should be taken by the regulatory bodies as the last resort.

Adding her voice to other stakeholders, Managing Director and Chief Executive Officer, Lady Bird Communications Limited, Mrs. Bunmi Oke, said although laws were put in place to help grow the profession, there are lots works to be done by educating political parties and politicians to ensure that the standard Nigerian want to set is for the good of all.

According to Member House of Representatives, Abuja, Honourable Aniekan Umanah, INEC needs to educate the political parties about law guiding elections in Nigeria, and also place stiffer punishments in place for those who disobey the law.

Considering the number of pressures ARCON will face, Chairperson, Advertising Standard Panel, Mrs. Omowunmi Owodunni said that the panel was up to the task, and also getting ready for the deluge of pressure that the body would face. She added that the long arm of the law is well enhanced to take care of any erring individuals and organisations that contravene the law.

Overview

To have a commendable electioneering process in 2023, experts have unanimously agreed that all political parties should comply with electoral laws as outlined by INEC and ARCON. They hold that ARCON should sensitise political parties, advertising practitioners and general public on law guiding electoral campaigns, and that all campaigns should be issue based and devoid of attacks and hate speeches.

They advised regulatory bodies and media houses to provide level playing field for all political parties and politicians, adding that Nigerians must also inculcate the attitude of rendering selfless services to the country whether in positions of authority or not.