Most analysts would readily agree that 2022 has been one of the most challenging years for most marketing practitioners. Interestingly, so many actions, reports, incidents, trends, and activities have created a lot of disruptions that made the year quite unique in the history of the industry. Below, in the first part of this report, are the top 4 issues that rocked the IMC world in Nigeria in the last twelve months.
Sterling Bank’s Agege Bread AdSaga
The Easter period has been a good window for `brands to spread their felicitations in the spirit of the holiday and 2022 followed this tradition. When Sterling Bank, in its usual style of using street lingua to connect to Nigerians sent out Easter felicitation early in 2022 with the copy, “Like Agege bread, He rose”, they may not have envisaged the level of the backlash it generated across the industry and beyond.
The bank may have hoped that just like it did in the previous Easterperiod, it could stir up social media with a message that is at best, ‘unforgettable’. Just as planned, the ad created an unforgettable copy beyond what they had hoped.
The outrage, over what many termed ‘insensitive’, ‘distasteful’, and ‘a mockery’, among other synonyms was not limited to the industry or across social media alone. The Christian community globally also reacted vociferously.
Taking to his various social media handles to express his opinion on this, a popular analyst and PR expert. Chido Nwakanma called for the removal of the bank’s corporate communications team. “Unless they are equally complicit, the Management of Sterling Bank should clear its Corporate Comms team now. Everyone involved in preparing and placing that obnoxious ad that pokes noxious fingers into the eyes of all Christians in Nigeria should not be involved in communications one day extra. ….”
Seeing the outrage, the bank in a prompt move tendered an apology across its social media handles. In another swift response to the incident.The regulatory body then, The Advertising Practitioners Council of Nigeria (APCON) said it will sanction Sterling Bank. In an official statement, the body described the advert as insensitive and provocative.
“APCON has observed with displeasure the insensitive and provocative Easter Celebration advertisement by Sterling Bank which compared the resurrection of Christ with Agege Bread.
“The distasteful advertisement was neither submitted nor approved for exposure by the Advertising Standards Panel (ASP), the statutory panel charged with the responsibility of ensuring that advertisements confirm with the prevailing laws of the federation as well as the code of ethics of Advertising in Nigeria.” It added that APCON will take necessary actions to ensure that Sterling Bank is sanctioned for the exposure of such an offensive advertisement.
Glo’s “breast-taking” NIN Advert Featuring Osas Ighodaro
Shortly after the Sterling bank incident, the monitoring team of the rested regulator, the Advertising Practitioners Council of Nigeria, APCON flagged a Glo dial *109# Link Your NIN commercial featuring a female model, Osas Ighodaro.
The regulator declared that the adaired on some TV stations and social media platforms targeted at the Nigerian market had elicitedcomplaints about the exposure of amodel’s cleavage.
APCON noted that it has written to the management of Globalcom Limited to stop further exposure of theunapproved advertisement/commercial on all media platforms (broadcast and social media).Consternation buzzed across the industry as the place of sex appeal in advertising was dissected for so many months by various industry experts and analysts.
Commenting on this issue later in a chat with Brand Communicator, Osamede Uwubanwmen, President of the Advertisers Association of Nigeria, (ADVAN) tied it to poor creativity. His words: “How good are we at making sure the agencies pay their staff well? How good are we at making sure that the agencies recruit and train the right brains? You can’t get it through the shallowness of delivery. Agency will shout that clients are is killing creativity. But their creativity is just in showing naked bodies and putting brands in trouble., If you have to explain your advert to people, that is not an advert, it is a lecture. When you bring out your advert, it should be so simple that your target audience can understand. It should be so direct and convincing. Even if it is an award-winning ad, it should not be difficult to understand. Even the laymen using the brand should understand it”.
The Unveiling Of A New Industry Regulator, ARCON
The signing of the Advertising Regulatory Council of Nigeria, ARCON bill into law this year by President Muhammadu Buhari, seems to be one of the most impactful issues in the industry. The apex advertising regulatory body unveiled the new law as part of its statutory mandate to regulate the advertising industry in the country.
The Director General of the new regulatory body, Dr. Lekan Fadolapo while highlighting some aspects of the law, revealed that the agency has been duly empowered by the law nowto regulate advertising, advertisement, and marketing communications in the country, as well as carry out appropriate sanctions against defaulters.
In Fadolapo’s words: “Notwithstanding the provisions in any Act, ARCON has exclusive power to determine, pronounce upon, administer, monitor and enforce compliance by persons and organisations on matters relating to advertisements, advertising, and marketing communications in Nigeria whether of a general or specific nature.” These are clearly sweeping industry powers at a level never seen before in the history of IMC in Nigeria.
The new law makes provision for the regulation and control of advertising, ensures the protection of the general public and consumers, as well as, promotes local content, and entrenches the best international practices among others.
Other highlights of the new law include a preamble, which talks about the milestones of advertising in Nigeria as a business and a profession, and Remit of the law, which simply repeals the advertising practitioners (registration ACT, Cap. A7, laws of the Federal Republic of Nigeria 2004, application of the act, states the people and departments the law applies to, interpretation of terminologies, the departments the law applies plus other details.
The new law also recognises the establishment of a Governing Council which is saddled with the responsibility to formulate and implement regulations and guidelines on advertisement, advertising, and marketing communication, and control creative ratings, industry terms of engagements, credit policy,and disengagement protocols.
Part of the law says, “The Council shall have the powers to monitor and enforce sanctions on any person or organisation that sponsors, exposes or causes to be exposed in Nigeria any advertising, Advertisement and Marketing Communications materials without the prior approval of the advertising Panel.
“Upon violation of any provision of this Act, the Council is mandated to seal advertising department, marketing department or commercial departments of organisations and agencies upon obtaining a court order.”
Apex advertising regulatory body also announced that there areprovisions of the law that create room for the establishment of the Advertising Offences Tribunal which shall adjudicate over offences created under the Act, Code of Advertising Practice, Standard of Practice, Proclamation, and other relevant enactment made under the Act.
Some statutory committees and bodies recognized by the law include the Advertising Practitioners Disciplinary Committee, The Advertising Practice Investigative Panel, Advertising Arbitration Panel, Advertising Standards Panel, and the Advertising Offences Tribunal.
Mr. Fadolapo reiterated that the law does not seek to strangulate the advertising industry but to ensure strict adherence to ethical standards that will stimulate economic growth.Indeed, 2022 has experienced a few of those enormous powers resident in ARCON. More should be expected in 2023.
Regulating Online/Digital Ads– Tackling Facebook, Instagram, Etc
The advent of the internet and new media, characterized by social networking sites such as Blogs, Facebook, Twitter, Instagram, WhatsApp, etc., has massively revolutionised communication globally. This has enabled the giant tech and primary digital media platforms owners including, Facebook, Google, Twitter, YouTube, and others to explore Nigeria’s digital media space with all sorts of advertisements, some of which may violate Nigeria’s Code of Advertising Practice.
Although the task of regulating advertisements on social media may be different and a difficult one, APCON said it is well-armed to regulate the space with the motivation from The Federal House of Representatives that passed a resolution early in 2022 calling on APCON to effectively monitor and regulate online media advertisements.
Besides, APCON’s regulations extend to all advertisements broadcast, published, or exposed on any of the digital platforms directed or accessible within Nigeria.
As part of their role in carrying out this responsibility The Advertising Regulatory Council of Nigeria (ARCON) this year filed a legal case against Meta Platforms Incorporated, which owns Facebook, Instagram, and WhatsApp, accusing the company of rendering unapproved advert materials in the country and demanding up to N30 billion as damages. The case was filed at the Federal High Court, Abuja Judicial Division.
The Nigerian government agency wasseeking a declaration that Meta’s continued publication and exposure of various advertisements targeted at the Nigerian market on Facebook and Instagram without first ensuring that they are vetted and approved is illegal, unlawful, and a violation of the country’s current advertising laws.
The agency argued that Meta’s ongoing broadcast of unscreened advertisements has cost the federal government money.
For the alleged infringement of the advertising regulations and for lost revenue as a result of Meta Incorporated’s continuous exposure of prohibited advertisements on its platforms, ARCON is asking for N30 billion in fines.
While some analysts welcome the need to regulate advertisement in the digital space, many called for caution to create a workable system that will avoid massive loss of revenue thatoccurred when government banned Twitter some months ago. The industry is waiting anxiously, keeping its fingers crossed to see the ultimate outcome of this unique case.