2023 General Election: Why Political Parties, Candidates Must Comply With ARCON's Advertising Laws

As Independent National Electoral Commission (INEC) will soon permit political parties and candidates to flag off campaign for the 2023 General Election, Advertising Regulatory Council of Nigeria (ARCON), has held a Political Stakeholders’ Forum on Political Advertising: Leadership Responsibility and Compliance with the Law in Nigeria.

The Director General of ARCON, Dr Olalekan Fadolapo, in his speech at the event said the forum said is coming after the assent to the Act which repeals the Advertising Practitioners Council of Nigeria (APCON) and enacts the ARCON

According o him, but the new Act has broadly increased the statutory functions and powers of ARCON to ensuring comprehensive regulation of all advertising, advertisement, and marketing communication including those relating to a political campaign in Nigeria.

“The new ARCON enabling Act defines advertisement as a notice, announcement, exposure, publication, broadcast, statement, announcorial, informercial, commercial, hype, display, town cry, show, event, logo, payoff or trademark to promote, advocate, solicit, showcase, endorse, vote or support a product, service, cause, idea, person or organisation with the intention to influence, sway, actuate, impress, arouse, patronize, entice or attract a person, people or organisation by an identified sponsor irrespective of media, medium or platform. A cursory look at the definition fully includes personal causes or ideas and propagations.”

“The new Act also defines an advertiser to mean a person, private or public organization that causes, requests, directs, or pays for an advertisement, advertising or marketing communications ideas to be created, developed, produced, executed, expose or that takes benefit of advertisement, advertising, and marketing communication services,” he explained.

He, however, noted that political advertisement has been a major point of contention around the world and Nigeria has not been an exception, stressing that regulatory frameworks are made and shaped to repel the negative consequences which usually trail such campaigns.

The DG said,I trust that political office aspirants and their supporters will be convinced and motivated by their moral and civic responsibilities to comply with ethical political advertising to guide their quest for public service in a manner decent enough to promote their pursuit of political ambition.

He, therefore, explains that the forum is designed to inspire reorientation amongst Nigerians and to enable mutual respect and tolerance of diverse views for a more united Nigeria.

“The role of interest groups in ensuring compliance to rule of law to eradicate unethical political advertisement in all its forms should not be diluted. The political parties, political office aspirants, media, and all relevant stakeholders should realize their potential and pursue diligent gate-keeping.

“All participants as well as the general public are highly encouraged to raise the red flag at the slightest violation or threat of violation of the relevant provisions of the law concerning unethical political advertising and other sections of the law which affect the existentiality of a decent society. A vibrant contribution in this regard will go a long way in ensuring peace and stability in the country”, he noted.

Delivering a keynote speech at the forum, the Former Resident Electoral Commissioner, Lagos Akin Orebiyi said with reference to the ARCON Advertising code and INEC election act, “one can see that these laws are instituted for the peaceful, smooth, seamless, and orderly conduct of election process, especially during the 150 days that is permitted by the law for political campaign as in the electoral act of 2022.

Orebiyi noted that the first code in these regards goes to the advertisers, the political parties, the candidates, and their associates and supporters. If they don’t know they should ask.

“In a bid to pursue their ambition, it is their responsibility to see, to know, and complied with the laws that govern every aspect of their activities, in the full understanding that one of these political advertising laws is for their own good and to place them on the path to attaining or achieving their dreams.

” The two laws are equally for the wellbeing of their opponents since the law didn’t favour anyone. They should understand that failure to comply with the laws may make them lose the election”, he added.