An Assessment of Registration Requirements Under the ARCON Act 2022

Contributor: Betseabasi Asuquo

INTRODUCTION

The Advertising Regulatory Council of Nigeria (ARCON) Act 2022 is a landmark piece of legislation that significantly alters the regulatory landscape for advertising in Nigeria, introducing a new framework designed to reflect the evolving nature of the advertising industry, particularly in light of digital advancements. ARCON’s establishment signals a shift toward stricter oversight and enhanced regulatory mechanisms aimed at safeguarding industry players. The Act’s provisions ensure that advertising practices align with ethical standards and legal prescriptions.^[1]

One of the fundamental principles enshrined in the ARCON Act is the mandatory registration requirement, which encompasses advertisers, agencies, and media operators.^[2] Registration transcends mere administrative formalities, assuming the critical role of ensuring adherence to a professional code of conduct within the industry. By mandating registration, ARCON establishes a framework that restricts participation in advertising to qualified and compliant entities exclusively. This mechanism serves to uphold the industry’s integrity and forestall unlicensed or unethical operators from exploiting the system or deceiving consumers.

This article seeks to assess the registration requirements under the ARCON Act 2022, exploring the process, conditions, and implications of registration. It also examines how compliance with these requirements enhances the accountability and professionalism of advertising practitioners in Nigeria.

AN OVERVIEW OF THE ACT

The ARCON Act, 2022 came into being to replace Advertising Practitioners (Registration, etc.) Act of 2004,^[3] establishing ARCON as the primary regulatory body for advertising, advertisements, and marketing communications in Nigeria.^[4] The Act’s main objective was to create a comprehensive regulatory framework for the Nigerian advertising industry, ensuring that advertisements directed at the Nigerian market are legal, decent, honest, and respectful of Nigerian culture and constitutional principles.^[5] It emphasizes the protection of the general public and consumers from harmful or misleading advertisements, the promotion of local content, and the entrenchment of international best practices within the Nigerian advertising space.^[6] Further promoting fair competition, and encouraging both local and foreign investments in the advertising industry, ARCON’s scope covers not just traditional media, but also digital advertising and social media, ensuring comprehensive control in a rapidly evolving industry.

ARCON, as established by this Act, is empowered to regulate all aspects of advertising and marketing communications in Nigeria.^[7] It has the exclusive authority to determine, monitor, and enforce compliance in the advertising sector, ensuring that practitioners adhere to set standards.^[8] Its functions under the Act include registering and licensing advertising professionals, agencies, and media platforms, as well as setting the standards for ethical advertising practices, preventing harmful or offensive advertisements, supervising marketing communications research, and ensuring that advertisements meet legal and ethical standards, fostering professionalism by enforcing ethical codes, regulating mergers and acquisitions within the advertising industry, ensuring that all practitioners, including foreign entities, are properly licensed before engaging in advertising in Nigeria, etc.^[9]

REGISTRATION REQUIREMENTS IN THE ACT

The Act, 2022 outlines comprehensive provisions for the registration of individuals and organizations involved in advertising, advertisements, and marketing communications.^[10] These registration requirements serve as the foundation for ensuring that only qualified practitioners and businesses operate within Nigeria’s advertising industry, promoting ethical standards and professionalism. It mandates that every person or organization intending to engage in advertising or marketing communications in the Nigerian market must register with ARCON. This applies to anyone starting or continuing an advertising business or profession. Registration is compulsory for both individuals and corporate bodies seeking to operate within the industry, including those who provide advertising services, manage marketing campaigns, or work as media platforms disseminating advertisements.^[11] The registration must be done in the prescribed form and manner as specified by the Council, ensuring that individuals and entities demonstrate the required level of knowledge and skill to operate in the Nigerian advertising market. In addition, ARCON issues certificates of registration or licenses to those who successfully register, indicating the category and specialisation they are permitted to operate within.^[12]

The Act provides a detailed framework for the registration of individuals as advertising and marketing communications practitioners. Individuals are grouped into five categories within the register:^[13]

1. Honorary Fellows
2. Fellows
3. Full Members
4. Associate Members
5. Student Members

To be eligible for registration in any of these categories, individuals must meet specific requirements related to their qualifications, professional experience, and character. For instance, a person seeking associate membership must possess a University Degree or Higher National Diploma in relevant fields like advertising, marketing, mass communication, or graphic arts, and must be employed in a recognized organization to acquire professional experience.^[14]

A practitioner seeking full membership must have been actively practicing advertising or marketing communications for a continuous period of five years or more.^[15] Moreover, the Act makes provision for individuals with no formal educational qualifications to be registered as full members, provided they have practiced for at least seven years and meet the other conditions outlined in the Act.^[16] Corporate entities, whether national or foreign, intending to conduct advertising or marketing communications business in Nigeria must also register with ARCON. The level of foreign participation in any advertising firm will determine whether it is classified as a foreign or national agency, and this classification affects the conditions under which the firm is permitted to operate in Nigeria.^[17] Both foreign and national organizations must comply with the licensing requirements as outlined in the Nigerian Code of Advertising and other mandatory guidelines issued by ARCON. These requirements ensure that businesses operating in Nigeria’s advertising market adhere to the standards and regulations enforced by ARCON. The Council also reserves the right to revoke licenses if a company is insolvent, wound up, or acting against the interests of the public, though fair hearing must be given to the company before such action is taken.^[18]

The DG is responsible for maintaining a register of all persons and organizations licensed under the Act. This register includes details such as names, addresses, qualifications, and any other particulars deemed necessary by the Council. In addition to individuals, a separate register is maintained for corporate entities, detailing the conditions of their licenses and other relevant information.^[19] The register must be regularly updated and published, making it accessible to the public. The publication of the register, including any corrections or changes, serves as evidence of the registered status of individuals and organizations, ensuring transparency and accountability in the regulation of the industry.^[20]

These registration requirements under the ARCON Act are designed to create a well-regulated advertising environment in Nigeria, ensuring that practitioners and businesses operate within a defined legal and ethical framework. Through this process, ARCON aims to foster professionalism, protect consumers, and promote the development of a dynamic and responsible advertising industry in the country.

PRIVILEGES OF REGISTERED PERSONS AND OFFENCES BY UNREGISTERED PERSONS

Individuals and organizations registered with ARCON enjoy specific privileges that enhance their professional standing and authorize them to practice advertising, advertisements, and marketing communications in Nigeria.^[21] One key privilege is that only certificates signed by registered persons are recognized under the law for any professional purpose.^[22] This gives registered practitioners legal validation, ensuring that their professional documents, certifications, and activities are legitimate and compliant with national advertising standards. Registered individuals are also eligible for appointments in both public and private institutions that require advertising or marketing services. They can hold professional positions in these establishments, provided their work involves the legal and ethical execution of advertising tasks. This ensures that only qualified and registered practitioners handle advertising operations, protecting the integrity of the profession.^[23] Registered persons are also permitted to supervise those in training to become advertising professionals, creating a regulated pathway for new practitioners to enter the industry under proper guidance.^[24]

The Act explicitly criminalizes the practice of advertising or marketing communications by unregistered individuals or organizations.^[25] Hence anyone who engages in advertising activities without being registered under the Act commits an offence. Such may include using professional titles or symbols that could mislead the public into believing that an unregistered person is qualified to provide advertising services and penalties for such violations, with first-time offenders (individuals) include fines of up to N500,000 or six months imprisonment, while organizations can be fined at least N1,000,000. Repeat offences carry harsher penalties, including fines of up to N1,000,000 for individuals and N5,000,000 for organizations, along with possible imprisonment.^[26] Unregistered individuals or entities are also prohibited from recovering any remuneration through legal proceedings for advertising services performed. This serves as a deterrent, preventing unregistered practitioners from benefitting financially from illegal operations.^[27] Moreover, the law criminalizes providing false information to procure registration or making false statements about qualifications, subjecting offenders to penalties upon conviction. ARCON also holds accountable any corporate bodies or their officers (directors, managers, etc.) if offences are committed due to their neglect or connivance, ensuring that the law is enforced at both individual and organizational levels.

Offences under the ARCON Act are tried by a tribunal established under the Act, ensuring that legal actions are conducted in accordance with its provisions.^[28] The Council has the authority to appoint legal practitioners to prosecute offenders, thereby ensuring that violations are handled with the appropriate legal rigor. The Council may take into account recommendations from disciplinary bodies or tribunals regarding prosecution, further reinforcing the integrity and professionalism expected in Nigeria’s advertising industry. These measures help maintain a strict regulatory environment, ensuring that only registered and qualified individuals or organizations engage in advertising practices.

CONCLUSION

In conclusion, the registration requirements under the ARCON Act 2022 serve as a crucial mechanism for regulating the advertising industry in Nigeria. By ensuring that only registered advertisers, agencies, and media platforms are allowed to operate, the Act promotes a structured, ethical, and transparent advertising environment. These registration measures play a pivotal role in maintaining high standards of practice, protecting consumers from unethical advertising, and fostering accountability across the industry.

SNIPPET

The registration requirements under the ARCON Act 2022 serve as a crucial mechanism for regulating the advertising industry in Nigeria. By ensuring that only registered advertisers, agencies, and media platforms are allowed to operate, the Act promotes a structured, ethical, and transparent advertising environment. These registration measures play a pivotal role in maintaining high standards of practice, protecting consumers from unethical advertising, and fostering accountability across the industry.

KEYWORDS

, advertising regulatory council of nigeria, advertising, advertisements, marketing communications.

1. Olubodede E.O et al., “Notions of ARCON-Based Advertising Standards and Relative Adherence Tendency by ARCON Members In Lagos State” International Journal of Social Sciences and Management Review Volume: 07, Issue: 05 September – October 2024 available at http://ijssmr.org/uploads2024/ijssmr07_73.pdf ↑
2. See Pat VII of the Act. ↑
3. See the Long Title to the Act. ↑
4. Section 1 of the Act. ↑
5. Section 2. ↑
6. Ibid. ↑
7. Section 8. ↑
8. Ibid. ↑
9. Ibid. ↑
10. See Section 21 of the Act. ↑
11. Ibid. ↑
12. Ibid. ↑
13. Section 24. ↑
14. Section 25 ↑
15. Section 25(3) ↑
16. Ibid. ↑
17. Section 21. ↑
18. Ibid. ↑
19. Section 22. ↑
20. Section 23 ↑
21. See Part X of the Act. ↑
22. Section 30. ↑
23. Section 31. ↑
24. Ibid. ↑
25. Section 32. ↑
26. Ibid. ↑
27. Section 33. ↑
28. Section 37. ↑