ADVAN Accuses ARCON of Breaching Private Entity Rights

Raheem Akingbolu 

The Advertisers Association of Nigeria (ADVAN) has again condemn the ongoing industry reforms, embarked upon by the Advertising Regulatory Council of Nigeria (ARCON), describing the Advertising Industry Standards of Practice (AISOP), as a document seeking to ‘unconstitutionally regulate contractual relations between private entities’.

The association, in a statement, tagged: ‘Travesty of ARCON Regulation ‘, stated that the launch of the document (AISOP), generally acclaimed by other critical stakeholders, as the best thing to have happened to the industry in recent times, was the beginning of ‘a journey of the most turbulent and divisive times in the Nigerian Marketing Communications Industry’.

According to the association, instead of providing a minimum standard in terms of commercial activities of agencies, advertisers, media houses, advertising services providers and stakeholders, AISOP actually ‘sought to unconstitutionally regulate contractual relations between private entities’.

It claimed that besides the AISOP document not accommodating ‘a single contribution presented by the association.,’ the new ARCON Law also has several provisions that are clearly unconstitutional, and which, it argued, is causing great concern for the industry.

“A major item that has stood out for stakeholders is that ARCON is now allowed to set up a tribunal that would hold ‘trials’ for any person or organization that contravened the provisions of the ARCON Law. This is an extremely concerning development, because Nigeria as a democratic entity has clear separation of powers between the different arms of government.  A regulatory body for advertising cannot set up a tribunal with powers to hear, try, deliver judgment and sentence, as such is clearly a violation of the constitution of the nation, “it stated.