Growing Support for Proposed Media Bill

Raheem Akingbolu takes a look at the proposed Chartered OOH Media Practitioners Bill, which has gone through the second reading on the floor of the National assembly, pointing out its merits and the tasks before its promoters

The history of the out-of-home industry in Nigeria is an irony considering the fact that it was the first known advertising platform dated back to over nine decades but currently among those in the back seat in the industry’s rating.

If judged by its foundation, it ought to be the flagship of the country’s advertising industry as the hen that laid the golden egg but reverse appears to be the case as a result of many inimical challenges, both within and outside. 

Historically, the UAC subsidiary known as the West African Publicity, whose major activity was to produce outdoor advertising for UK companies based in Nigeria was the first known advertising firm in Nigeria. Over the years, the industry evolved and gave birth to other sectoral bodies and opened rooms for specialisation. Unfortunately, the outdoor sector suddenly became the endangered species that has consistently fought for survival and relevance.

Challenges

Among many challenges, the first noticeable setback for the outdoor sub-sector was the quality of practitioners, which influenced public perception about outdoor business. However, this became a thing of the past the moment well-educated people started veering into outdoor business. It thus changed the perception of those who often derided the early practitioners as mere ‘carpenters’.

 Like other areas of advertising, it soon became a major contributor to the economy.  Of course, technology and digital revolution has also impacted the industry and earned it the respect and recognition it required. Beyond its economic importance, the industry’s aesthetic effect on the major roads and cities, has also made players in the business indispensable.

However, in recent years, out-of-home industry has come under serious challenge, especially in the area of multiple taxation, over regulation, insecurity and destruction of advertising platforms.

To this end, the Advertising Regulatory Council of Nigeria (ARCON), which is the apex regulatory body in the industry, and Head of Advertising Sectoral Group (HASG), had on a number of times, tried to intervene to protect the interest of the practitioners in the outdoor business. A good example was when HASG called on the government of Lagos State and Kaduna State respectively, to stop wanton destruction of Out-of-Home Advertising platforms in the two states.

Proposed Bill and HASG’s Opposition

Following the report that a bill on Chartered Out-of-Home Media Practitioners of Nigeria is currently pending in the National Assembly, the Heads of Advertising Sectoral Group (HASG), had last week distanced itself from the proposed bill and insisted it was unnecessary.

HASG, comprising the Out-of-Home Advertising Association (OAAN), Media Independent Practitioners Association of Nigeria (MIPAN), Association of Advertising Agencies of Nigeria (AAAN), Broadcasting Organisation of Nigeria (BON) and Experiential Marketers Association of Nigeria (EXMAN) had, in a letter dated July 31, 2024, signed by its president, Lanre Adisa, expressed surprise that despite “representing the entirety of the marketing communications ecosystem,” the group was never taken into confidence by OAAN regarding the bill calling for the establishment of a chartered body for the sector.

The group stated that while it ‘empathised’ with the association, it would however, distance itself from the bill since it believed the existing extant regulatory apparatus set up by the government was robust enough to accommodate and respond to emerging concerns.

HASG also expressed the fear that duplicating or splintering the existing regulatory framework would weaken rather than strengthen the marketing communications industry and further increase its operational costs substantially.

However, in reaction to the HASG’s letter, the leadership of OAAN expressed dismay that the group, which the sectoral body remains a substantial part of, could take such a decision without its input.

While insisting that the association never initiated the bill, OAAN’s president, Mr. Sola Akinsiku, however, expressed members’ full support for the initiative.

According to him, the bill has become imperative going by the not-too-pleasant fate befalling the OOH sector in Nigeria.

The Association argued that though it never initiated the Bill, which had gone through the second reading on the floor of the national assembly, it is however in its full support; since it will go a long way in enhancing the fortunes of practitioners and the practice, and bring sanity to the out- of -home Advertising ecosystem.

OAAN noted that, when passed into law, the Bill will go a long way in checking destructions, usually meted out to Out- of -Home Media assets in the country, and the bastardisation of the environment, through cluttering.

“For the avoidance of doubts, our Association has unequivocally and unambiguously expressed our support for the Bill, as proposed by the most distinguished Senator Enyinnaya Abaribe Harcourt because we are convinced that the anticipated Charter will promote sanity, excellence and professionalism in the Out-of-Home media ecosystem.

“We believe very strongly that it is in the best interest of our practice and business as well as the industry to have the proposed chartered status. At the least, onslaught against Out-of-Home Media Assets in the country would be protected and bastardisation of the environment with cluttering would stop,” OAAN said in a statement.

Speaking to THISDAY in a telephone conversation over the issue, the OAAN boss insisted the proposed chartered status is meant to bring sanity into the Out-of-Home media ecosystem in the country.

Out-of-Home media assets owners, he stated, continue to grapple with challenges, especially in the hands of government departments that claim to control the practice.

He cited the experiences of practitioners in some states such as Kaduna, Lagos, Abuja and Enugu, where investments running into millions of naira had been lost in the past due to the high-handedness of the regulatory agencies in the states.

“We also know that a lot of charlatans exist in the business. A situation where the number of unregistered billboard owners is far higher than the registered ones is not good for the space. I think the bill is also seeking an end to such practice. Anybody that must practise advertising would have to be certified by the proposed council,” Akinsiku added.

However, there are pertinent question on the lips of many in the industry begging for answers. For instance, why the clamour for another regulatory body for the sector, when there already exists one regulating the entire advertising ecosystem in the form of ARCON?

What happens to the apex regulatory body in the industry, ARCON, in the event of the Bill eventually sailing through?

Besides, how feasible is this development, especially at this time when the Federal Government is under pressure to implement the Oronsaye report? What happens to the state regulatory agencies and even local government council areas, which presently seem to be making headway in its fight for financial autonomy? Does this not amount to some added financial burdens on members since the new development is likely to come with some other financial implications? How would the association address the concerns of industry stakeholders regarding the likely ‘splintering’ and fragmentation this development may bring within the industry?

Interestingly, the man at the helm of affairs of the OOH sector sees the fears as not unexpected albeit, unfounded. New developments or reforms, he stated, have a way of eliciting fresh fears though such fears may not be genuine.

According to him, the law is not coming to disrupt the system but to check charlatanism and put practitioners’ fate in their hands.

“ARCON remains the apex regulatory body and we still belong to the body,” he stated.

The OAAN boss argued that the OoH practice stands on two legs – the advertising leg and the other dealing with the platform/locations/sites/assets.

Akinsiku argued that while ARCON has been effective in the management of the advertising leg, the non-advertising leg has been a cause of worry and challenge to business sustainability over the years.

He assures OAAN’s relationship with HASG, in spite of the group’s opposition to the bill, still stands.

“We remain a member of the group and we are not in a hurry to leave,” he added.

The OAAN boss also allays fears of a fragmentation in the industry, which the proposed body may induce. According to him, rather than divide the industry, the proposed chartered body, which the association is seeking, will consolidate the gains so far recorded in the advertising ecosystem.

He believes the bill will bring order to the activities of local governments and the state governments in OoH practice since it will remove the ambiguity/inconsistencies in controls from local governments and state governments.

As the two parties continue to debate over the bill, stakeholders in the industry have suggested a roundtable talk, involving both the promoters and those who have expressed their reservations to discuss its merits and demerits.