ARCON kicks against proposed bill to establish out-of-home media practitioners of Nigeria, says passage could destabilize the advertising industry
By Amechi Obiakpu
The Advertising Regulatory Council of Nigeria (ARCON) has kicked against the proposed “Chartered Out-of-Home Media Practitioners of Nigeria Bill, 2024 (SB.448),” noting that passage of the bill could destabilize the growing advertising industry.
This Bill, according to ARCON, portends danger and capability to destroy the Nigerian advertising industry currently experiencing growth and development through many reforms being embarked upon by ARCON.
The “Chartered Out-of-Home Media Practitioners of Nigeria Bill seeks to define outdoor advertising practitioners, license organizations, and regulate the aesthetics, structure, and quality of out-of-home advertising infrastructure. Supporters of the bill are of the opinion that it will protect investments and elevate standards in the sector.
In its reaction ARCON expressed concerns that if passed, the practitioners of out-of-home sector alone will be subjected to multiple certifications as professional and corporate practices. Conflicting standards, supremacy of law and contradictory policies etc may arise.
The Council appealed to the Senate Joint Committee to discontinue deliberations on the Bill, urging them to prioritize stability and unity in the advertising sector.
“If this Bill is passed, all other specializations and skill sectors will demand for similar Bills hence we will have more than 10 other associations metamorphosing into Federal Government bodies with regulatory control over advertising, advertisement and marketing communication. All these bodies will co-exist with ARCON and the result is better imagined as this will impact the industry negatively and with grievous consequences on the Nigerian economy”.
It emphasized that “maintaining a single, cohesive regulatory framework is critical for sustaining growth, attracting investment, and supporting Federal Government policies aimed at economic development. The industry as it is currently regulated by ARCON has embraced uniơn of purpose and policy direction.
“The establishment of another body to co-exist with ARCON will lead to chaos and crisis, including court cases. Out-of-home advertising is one of the skills and specialization in the advertising industry. Other specializations include media planning, creative advertising, digital advertising, account planning, brand management etc,” the statement reads.
“The regulation and control of all these and other specializations are currently provided for in the Advertising Regulatory Council of Nigeria Act No. 23 of 2024 by virtue of section 8 of the Act. By passing this Bill, it will amount to duplication of duties and overlap of mandates as performing oversight functions by the two Federal Government agencies will cause major crisis in the industry.
“The Bill promoters desire to regulate and protect the investment of out-of-home assets, environment, aesthetics, structure and quality of infrastructure will conflict with the Nigerian Constitution which rested the power to control outdoor advertising and hoarding on the Local Government which is provided for in section 1(k) of the Fourth Schedule of the Constitution of the Federal Republic 1999 (as amended). It is worthy to note that States’ edits and laws on environmental and physical planning also plays a critical role in out-of-home infrastructure, location and quality. This may cause a serious crisis and may lead to legal embarrassment,” ARCON says in the letter of appeal to the Senate Joint Committee.
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