ARCON: What to know about social media ad vetting that sparked online reactions

• Netizens raised concerns over vetting of social media ads by the Advertising Regulatory Council of Nigeria
• The directive, which took effect on May 9, 2023, stipulates a non-compliance and violation fine of N1 million
• The directive also required influencers, bloggers, vloggers, and others to get a pre-exposure approval of all digital adverts

Recently, the social media space, especially TikTok and Instagram, went agog following a notice of violation against Elsie and Ella Shopping Advertising by the Advertising Regulatory Council of Nigeria (ARCON), dated January 10, 2024.

In the notice, ARCON said the company published an unapproved online ad on Instagram.

ARCON asked the company to cease further exposure of the said ad and also fined it N1 million to be paid within one week from the date of receipt of the letter, in line with industry regulations or the council will take the company before the Advertising Offences Tribunal.

ARCON’s action follows the enforcement of the provisions of the Nigerian Code of Advertising Practices and the ARCON Act No. 23 of 2022.

ARCON mandates the vetting of social media ads

In May 2023, ARCON sent a memo to all regional directors, zonal directors, and liaison heads, directing them on charges for vetting social media ads.

The regulator also released rates for vetting such content. It said normal vetting for any social media ad costs N7,500, which will take seven days. To accelerate the process and get the approval in two days, ARCON said that will cost N70,000 for 10 concepts, while those who want their adverts to be vetted within one day will pay N100,000 for 15 concepts.

According to the memo, the implementation of the social media rates became effective from May 9, 2023, adding that non-adherence to the directive attracts a N1 million fine.

ARCON said influencers, bloggers, vloggers, others must get approval

Also, in December 2022, ARCON mandated skit makers, social media influencers, bloggers, and vloggers, among others to seek its approval before advertising any product or service online.

The regulator said this is in line with the provisions of the Nigerian Code of Advertising Practice and the ARCON Act No. 23 of 2022.

It said a violation of the Act attracts sanctions and prosecution in a court of law.

ARCON said the enforcement of the Act became imperative as it had received complaints of unethical claims and misinformation about the advertisements, advertising, and marketing communications activities of skit makers, comedians, influencers, content creators/producers, bloggers, vloggers, etc. on digital/online media platforms.

ARCON’s Director-General, Olalekan Fadolapo, said, “Most of the advertisements exposed by this group are not only unethical with unverified claims and misinformation, but also in violation of the Nigerian Code of Advertising Practice.

“By this public notice, brand owners, digital agencies, secondary digital media space owners (i.e. bloggers, vloggers, influencers, comedians, skit makers, etc), and other advertising stakeholders in the digital online media space are advised to obtain pre-exposure approval of all advertisements, advertising, and marketing communications in accordance with the Nigerian Code of Advertising Practice and the ARCON Act No. 23 of 2022.

“ARCON will take all necessary actions including sanctions and prosecution of violators of the provisions of the Act to ensure compliance.”

What this means for social media advertisers

Following the effectiveness of ARCON’s memo, all social media ads must be vetted and approved by ARCON before they are exposed to the public in strict adherence to regulatory directives.

The vetting fee ranges from N7,500 for normal vetting to N100,000 for speedy/immediate vetting.

Also, all brand owners, digital agencies, and secondary digital media space owners, such as influencers, bloggers, vloggers, comedians, and skit makers, among others, must get pre-exposure approval of all advertisements, advertising, and marketing communications in line with regulatory directives.

WhatsApp could stop working in Nigeria following $220 million fine by government

Meanwhile, TheRadar earlier reported that the Federal Competition and Consumer Protection Commission (FCCPC) fined WhatsApp $220 million for a data privacy breach. As a result, the messaging app may halt its operations in the country due to additional regulatory requirements.

According to insiders, Meta, the parent company of WhatsApp, is considering scaling back some services in Nigeria.