The Advertising Regulatory Council of Nigeria (ARCON) has, reaffirmed its commitment to promoting local content and models in advertising, advertisement and marketing communication targeted at the Nigerian market and consumers. The Council has also agreed to dialogue with the National Agency for Food and Drugs Administration and Control (NAFDAC) to proffer solutions to the challenge of multiple vetting of same advertising, advertisement and marketing communication materials.
The Director General of ARCON, Dr. Olalekan Fadolapo, stated this at the 2025 Advertising Standards Panel (ASP) Stakeholders Forum held on Thursday, June 19, 2025 in Lagos, South West Nigeria.
According to the ARCON boss, the use of foreign models remains banned in Nigeria, because, apart from promoting and developing the Nigerian marketing communication ecosystem, Nigerians must be allowed to partake in the benefits of advertising, advertisement and marketing communication.
Fadolapo wondered why some stakeholders source for foreign models and other materials for the advertising, advertisement and marketing communication. “Nigeria is a country with over 240 million people. Nigeria is a country with different faces and places. So, if you are going to sell your market in Nigeria, are you saying we don’t have good people that are worth using as models for that product? If you are going to make your profit from Nigeria, why do you have to take the money you are supposed to give to the Nigerians you are making profit from and give to others?”
He believed the assumption that we are in an era of globalization is not a fit-all situation.
“Yes, we understand that it is globalization, but within the structure of globalization we have glocalization. We need to continue to promote local content.”
On the issue of NAFDAC insisting on vetting materials vetted already by ASP, Fadolapo said NAFDAC has overlapping function though they are not the primary regulator of advertising.
He expressed his willingness to discuss the issues with the Director General of NAFDAC and seek for a meeting point where solutions will be proffered
“I will take it up with the DG of NAFDAC. I will discuss this with her during one of the meetings at the ministry. I will involve the minister as much as possible so that we can find a lasting solution to this,” he assured.
The ARCON boss negated the notion that ASP is watering down and stifling creativity. “Creativity is a huge space that is very difficult to define. Our own environment, our own culture, our own market differs from other markets.
“There must be a gatekeeper. That is one of the responsibilities of ASP. Nobody will kill creativity. But we will not, because we want to be creative, allow you to set the country on fire.”
He cited several cases where, under the guise of creativity, advertising, advertisement and marketing communication content have run foul of the Code of advertising practice and the laws of the country.
Earlier, in his welcoming speech, Dr. Fadolapo spoke on the challenge of ensuring ethical advertising practice in Nigeria.
“Before now, we had just one media and this is traditional media. But with the advent of online medium, it became a bigger challenge. It used to be ecommerce, a situation where you have a few organizations doing business online. But the digital economy is now huge. Every element of physical market is now present in the digital economy.
“As a regulator, one of the challenges is to also ensure both traditional and digital economy comply with responsible advertising practice. While traditional media or market is about physical address, about location, the digital economy is beyond geographical locations. Somebody can sit down in another clime, another market and upload advertising into our market.”
He cited cases of CBEX, AI-generated content impersonating Pastor Adeboye advertising prostrate cancer drug and the many infractions of online apps advertising financial services, offering discounts or claims that cannot be substantiated and lamented the multiplier effect of these ads on the economy and the consumer.
He also gave an insight on the recent judgment given by the Federal High Court.
“The Federal High Court through a judgment made many far-reaching decisions about the ARCON regulatory powers.
“The issue of APCON and ARCON was resolved. Before now we lost many cases when we were APCON. The Court held that the content of this current law differs from that law so any case that was held then now becomes an academic exercise and not relevant to this present space.
“Also the Court ruled that the issue of fundamental human right – that ARCON law is curtailing my powers – does not arise. Because even the Freedom of Speech is not absolute. So the law requires that before you expose any advertising, advertisement and marketing communication to the public, you should seek approval of the ASP, get the certificate before it is exposed.”
The event, which was a gathering of stakeholders from all sectors of the marketing communication ecosystem, had presentations from Dr. Emmanuel Agu, Chairman of ASP; Mr. Lanre Adisa, Chairman of HASG and President of Association of Advertising Agencies of Nigeria (AAAN); Barr. Charles Odenigbo, DG, Centre for Media Studies; and Mr. Joe-Eugene Onuorah, Director Regulations, ARCON.
