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ARCON responds to ADVAN’s open letter, says claims attempt to derail sector reforms

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The Advertising Regulatory Council of Nigeria (ARCON) has dismissed allegations contained in a recent open letter written by the Advertisers Association of Nigeria (ADVAN) to President Bola Ahmed Tinubu, describing the claims as inaccurate and a deliberate attempt to frustrate ongoing reforms in the nation’s advertising industry.

In a statement issued by its Director-General, Olalekan Fadolapo, ARCON accused the advertisers’ body of circulating what it termed misinformation intended to stall regulatory changes designed to reposition the sector.

Fadolapo noted that several of the issues raised in ADVAN’s letter are already subjects of litigation instituted by the association against ARCON. He argued that approaching the President publicly while court proceedings are ongoing undermines due process.

According to him, rather than allowing the judiciary to determine the matters in dispute, ADVAN chose to escalate the disagreement through a public appeal, a move he described as inappropriate and potentially misleading to stakeholders.

ARCON also challenged ADVAN’s claim that its members account for over 90 percent of Nigeria’s advertising expenditure, estimated at more than N800 billion annually.

Fadolapo called on the association to publish verifiable data on its active membership and their cumulative advertising spend to substantiate the assertion.

He maintained that credible, independently verifiable data is necessary for informed policy discussions.

Responding to ADVAN’s claim that ARCON’s policies have discouraged advertising investment and compelled some companies to exit Nigeria, the ARCON chief rejected the allegation.

He disclosed that the regulator, in collaboration with the Heads of Sectoral Groups (HASG), commissioned PricewaterhouseCoopers to evaluate the advertising industry’s contribution to the national economy.

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He urged ADVAN to present its own empirical evidence if it disputes the findings.

Fadolapo insisted that the reforms being resisted by ADVAN include stricter enforcement of prompt payment obligations to media owners and increased utilisation of Nigerian creative talent in advertising campaigns.

He said these measures are intended to protect local practitioners, enhance professional standards, and ensure sustainable industry growth.

On ADVAN’s reference to a 2025 performance report by the Presidential Enabling Business Environment Council (PEBEC), which reportedly ranked ARCON poorly among federal agencies, Fadolapo alleged bias in the assessment.

He stated that performance reviews conducted by the Federal Ministry of Information and National Orientation present a more favourable evaluation of ARCON’s regulatory activities and reform initiatives.

Addressing claims that advertisers are excluded from policy deliberations, the ARCON DG said ADVAN voluntarily withdrew from certain industry platforms, including the Heads of Sectoral Groups.

He also noted that the association declined invitations to major industry events such as the National Advertising Conference and the Advertising Industry Colloquium.

However, he clarified that ADVAN remains represented on the Advertising Standards Panel, indicating that the door for engagement remains open.

Fadolapo further defended the legality of ARCON’s Advertising Offences Tribunal, stating that the courts have upheld its constitutionality.

He added that similar specialised tribunals operate in other sectors, including investment regulation and consumer protection, to ensure speedy resolution of industry-specific disputes.

Concluding, the ARCON boss urged ADVAN to allow the courts to adjudicate pending cases rather than issuing public statements that could create confusion within the industry.

He reaffirmed that ARCON’s reforms are aimed at strengthening the advertising ecosystem, safeguarding local content development, and improving regulatory compliance — not weakening the sector as alleged.

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