Different strokes for different folks. While telecommunication, oil and gas, and financial operators run for cover when their regulators sneeze, the opposite happens in advertising and marketing communication.
MTN, Airtel, Glo, Etisalat, banks and insurance companies come under the hammer for breaching the rules, advertising receives a pat in the back. This is the reason for the perception that the Advertising Practitioners Council of Nigeria (APCON) barks but lacks teeth to bite.
In this interview, APCON Registrar/Chief Executive Officer, Garba Kankarofi, explains to Senior Correspondent, GODDIE OFOSE, why the approach is moral suasion rather than punitive. He also speaks on other industry issues.
Alleged breach of brand code during the 2014 World Cup
Garba Kankarofi,
The World Cup, as usual, provided huge opportunities for marketing organisations and their brands to reach and impact large audiences. Every serious competitor would usually take advantage of this rare opportunity as much as is permitted by their promotions’ budget and regulation.
If you had mentioned any of the codes alleged to have been breached, I would have been able to explain what has been done or is being done in response. But generally, there was substantial compliance with the regulations that govern advertising communication during the mundial.
How delay in appointment of APCON chairman affects operations
The delay in inaugurating a new council for APCON has slowed down some of the operations of APCON, particularly in initiating policies and carrying out certain operations that require the approval of the council.
It is our desire that the new council is inaugurated sooner than later so as to give a clear direction on the work of APCON.
However, the general and routine operations of the council are being carried out, and competently too, by the management and staff. Whenever necessary, we seek the counsel of stakeholders.
Attention APCON gets from government
Various agencies have their mandate and expectations from both the government and the public. Mandates and expectations determine the level of attention they receive.
APCON receives from the federal government the level of attention commensurate with the government’s expectations and the responsibilities APCON is saddled with.
We are always engaging with the government to appreciate the import of the regulatory mandate given APCON and the need for greater support to deliver on this mandate.
Claims that APCON does not sanction errant practitioners
On the contrary, APCON has been commended for stepping up enforcement against errant practitioners, to the extent that we have been accused of high-handedness by some of the persons affected.
The nature of regulation is such that while some people believe you are not doing enough, others shout that you are overbearing.
The point, however, is that we adopt a strategy of constructive engagement to secure compliance and only resort to strict enforcement when we perceive a recalcitrant disposition. Our aim is to correct errant behaviour and secure compliance, not necessarily to punish.
Planned publication of the names of practitioners
The publication of the names of registered advertising practitioners is a statutory function of APCON. Only persons listed in the register of advertising practitioners published by APCON and gazetted are permitted by law to engage in advertising practice in Nigeria.
To ensure that all eligible persons are listed in the register, we have published a notice in the newspapers inviting those omitted to make representations to APCON.
Thereafter the official register will be published and gazetted. We will then proceed against persons who are not listed but who engage in the practice.
Qualification of marketing communication practitioners
Most professions have as entry qualification, the possession of a university degree, and in some cases, HND (higher national diploma) in the relevant discipline and registration by a professional council, sometimes after passing a professional examination.
Advertising profession in Nigeria follows the same standard and tradition.
The minimum entry requirement into the advertising profession in Nigeria is a degree or HND in advertising, mass communication, marketing or graphic arts. These disciplines, as offered in APCON-accredited departments, provide curriculum that is adequate academic preparation for advertising practice.
In addition, the council runs a professional examination programme for the award of a professional diploma in advertising which qualifies one to join the profession.
There is a plan to make the professional examination and certification a final and necessary qualification for joining the profession after one has obtained a university degree or HND.
Claims that politicians are trying to hijack APCON
There is no threat of hijacking the council membership. The law provides for the qualification and manner of appointment of members into the council of APCON. It is within the purview of the government to amend the law if it finds it necessary.
Even before now, there has been agitation for the amendment of the law to empower the council for more effective regulation and to accommodate the interests of various stakeholders.
I do not envisage that the government will take any action that is contrary to its own law or prejudicial to the interest of the general public who are the targets of all advertising communications.
Use of superlatives in advertising
Superlative comparisons are not permitted in advertising claims unless verifiable or can be substantiated. If any brand claims superiority in delivering on any function, it must have adduced verifiable and scientific bases for such claims.
APCON’s membership nationwide
Registered practitioners in Nigeria are currently in excess of 4,000 while corporate firms licensed by the council are over 250. These figures fluctuate as new practitioners are registered almost every quarter and as some hitherto registered ones drop out by virtue of their failure to live up to practice obligations.
Registration procedure
Registration is by application. One needs to obtain, complete and return a registration application form along with the qualifying credentials at any of our offices or online.
The application is processed and approved on its merit and the candidate invited to an induction, after which his name is listed in the register of advertising practitioners.
Enforcement of advertising law
The government needs to be convinced about the necessity to amend the APCON law to structure and empower the council to effectively regulate marketing communication to protect consumers and the general public from all forms of deceitful, misleading, offensive and disparaging communication.
APCON requires capacity to enforce its regulations and secure compliance from all individuals and organisations that engage in or utilise advertising services.
APCON’s preparation for 2015 electioneering
APCON is gearing up for a very proactive regulation of political advertisements which usually increase during election seasons.
We have been engaging with political parties and politicians on the rules of engagement and explaining the necessity and benefit of professional handling of their political advertising campaigns.
We are optimistic that, as aspiring leaders, they will show good example by playing by the rules and securing approvals for their advertising messages before exposing them to the public.
Sanctions this year for breaching APCON code
We are not very keen about the number of people or organisations APCON has sanctioned for wrong behaviour. We are more interested in the number we have dissuaded from unwholesome behaviour and brought to regulatory compliance.
APCON is making steady progress in reducing incidences of infraction and creating a more compliant marketing communications environment. A lot more will be achieved with better empowerment and support by all stakeholders.
