The Advertising Regulatory Act 2022 and Good Governance in Advertising Industry in Nigeria

Abstract
This growth in advertising has involved a gradual revolution from the simplest operations in the early days to the vary complex nowadays. Today, because of the importance of advertisement to the society, it has evolved to be one of the focal concerns of the government. In the circumstances, it is safe to include advertising as a cardinal part of the broad term ‘Media’, while attributing to it the very many qualities media that makes the media pivotal to a democracy. The resonating issues that inform the burden of the paper is neither about the media nor advertisement it itself. Over the years there has been a legalistic struggle to harmonize the legal regime of advertisement which has birthed a lot of pressure groups and Media Trade Unions. Some of these bodies include: Advertising Association of Nigeria (ADVAN); Association of Advertising Practitioners of Nigeria (AAPN); Broadcasting Organization of Nigeria (BON) Newspapers Proprietors Association of Nigeria (NPAN); and Outdoor Advertising Association of Nigeria (OAAN). Principally, the Advertising Practitioners Council of Nigeria (APCON) established by the Advertising Practitioners Act No. 55 of 1988, as amended by Act No. 93 of 1992 and Act No. 116 of 1993 which was later Advertising Practitioners Registration Act Cap A7 of 2004 maintained as the legal framework that regulated advertising. With the repeal of this APCON Cap A7 LFN 2004, which has been replaced with ACON 2022. The paper seeks to appreciate the regulations of the advertisement, examine the underpinnings of advertisement especially as it relates to guaranteeing good governance, holistically examine the new APCON and render some recommendations.

 

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