By Charles Flames

Stakeholders in the Advertising industry  in  Nigeria have tabled  ten – action plans to improve the practice by the Advertising Regulatory Council of Nigeria (ARCON).

The stakeholders had after a careful scrutiny of the new laws and guidelines introduced recently  by ARCON, said that for the new law to foster a thriving advertising ecosystem in Nigeria, ARCON should consider the following recommendations:

1. Consultation and collaboration: Engage in regular dialogue with stakeholders, including advertisers, agencies, online platforms, and consumer advocates, to ensure that regulatory measures are practical, effective, and considerate of industry dynamics.
   A collaborative approach to regulation, similar to ICAN’s multi-stakeholder model, can lead to better outcomes for all parties involved.
2. Transparency and accountability: ARCON should ensure that its decision-making process is transparent and based on evidence, with clear communication of regulatory changes and their rationale.

This approach will help build trust between ARCON and the advertising industry while promoting a sense of shared responsibility for upholding advertising standards.

3. Flexibility and adaptability: Regulations should be responsive to the rapidly evolving advertising landscape, particularly in the digital space. ARCON should monitor global best practices and emerging trends to ensure that its guidelines remain relevant and supportive of innovation.
4. Education and capacity building: ARCON should provide resources and training programs to help advertisers, agencies, and other stakeholders understand and comply with advertising regulations.

By helping industry players develop the necessary skills and knowledge, ARCON can promote a culture of responsible advertising and self-regulation.

5. Streamlined approval processes: To avoid bureaucratic bottlenecks and support the timely release of advertising content, ARCON should implement efficient and user-friendly approval processes for advertising material. This could include online submission systems, clear turnaround times, and dedicated support for small businesses and content creators.
6. Encourage diversity and inclusivity: ARCON should revise its regulations to allow for the use of both local and international models in advertisements, promoting diversity and inclusivity.

This approach will not only improve Nigeria’s global image but also allow advertisers to resonate with a broader range of audiences, supporting their businesses’ growth and competitiveness.

7. Balancing regulation and freedom of contract: While it is essential to ensure fairness, equity, and order in the advertising industry, ARCON should respect the constitutional freedom for legal business entities to enter into contractual agreements. Regulators can provide guidelines and best practices for commercial considerations, but they should not interfere with the negotiation process or impose arbitrary restrictions.
8. Foster self-regulation: ARCON should promote a culture of self-regulation within the advertising industry by encouraging the development of voluntary codes of conduct and industry-led initiatives. This approach can complement formal regulation and empower industry players to take responsibility for upholding advertising standards and protecting consumers’ interests.
9. Benchmarking and international cooperation: ARCON should actively participate in international forums and collaborate with other advertising regulators to learn from best practices and ensure that Nigeria’s regulatory framework aligns with global standards.

This engagement will help ARCON to stay abreast of emerging trends and challenges in the advertising industry and inform its regulatory approach.

10. Measuring impact and effectiveness: ARCON should regularly assess the impact and effectiveness of its regulations, seeking feedback from stakeholders and adjusting its approach as needed.

This ongoing evaluation process will help ensure that regulatory measures remain fit for purpose, fostering a dynamic and responsive advertising industry in Nigeria.

“By implementing these recommendations, ARCON can create a balanced regulatory environment that promotes responsible advertising while respecting the needs of businesses and other stakeholders. This approach will help to cultivate a thriving advertising ecosystem in Nigeria, driving innovation, economic growth, and job creation, and fostering a diverse and inclusive creative industry that reflects the country’s rich cultural heritage and its commitment to the common good,” said the stakeholders.

The stakeholders  described the new ARCON laws as restrictive, archaic, and detrimental to the creative industry.

” Effective regulation is crucial for any modern society, as it establishes standards, guidelines, and rules that ensure fairness, safety, and order.

The role of regulation should be to balance the interests of various stakeholders, such as consumers, investors, businesses, and society as a whole,” they said.