Code of Advertising
Code of Advertising
CODE OF
HEAD OFFICE
Advertising House,
HEAD OFFICE ANNEXE
Advertising House,
ADVERTISING
National Theatre Annexe, Plot 467, Joseph Adetoro,
Iganmu, Lagos. Utako District, Abuja.
0814 150 1015, 0909 484 1841 0805 089 8937, 0915 079 1310
www.advertcouncil.gov.ng
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Article 43: Portrayal of Irresponsible Drinking 18 Article 64: Weight Control 30 - 33
Article 44: Age Limit of Models 19 Article 65: Elimination of Ailment 33
Article 45: Social Acceptance 19 Article 66: Prescription Medicines 33
Article 46: Sexual Indulgence 19 Article 67: Diagnosis, Prescription, or Treatment 33 - 34
Article 47: Attributes 19 Article 68: Exploitation of Credulity 34
Article 69: Prohibition of Excesses 34
Tobacco Article 70: Hypnosis 34
Article 48: Prohibition of Tobacco Advertising 20 Article 71: Restricted Words 34 - 35
Article 49: Prohibition of Sponsorship 20 Article 72: Alternative Medical Practices 36
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Mail Order/direct Sale, E-commerce Article 110: Medicaments 51
Article 86: Stock 42 Article 111: Motorized Machines 51
Article 87: Samples 42 Article 112: Exploitation of Innocence 52
Article 88: Advertiser's Address 42 Article 113: Values 52
Article 89: Conformity With Description 42 - 43 Article 114: Decent Dressing 52
Article 90: Statement of Terms 43 Article 115: Caricature 52
Article 91: Substitution Of Product 43 Article 116: Family Values 52
Employment and Business Opportunities Chapter Four - Inter-Sectorial Relationship and Practices 53 - 58
Article 92: Employment or Business Terms 43 - 45
Article 117: Relationship 54
Financial and Related Services Article 118: Non-Retention of Advertisement Agency 54
Article 93: Regulatory Approval 45 Article 119: Media Rates 54
Article 94: General Terms in Financial and Related Service 45 - 46 Article 120: Rate Cards 55
Article 95: Advertiser’s Contact Details 46 Article 121: Rate Changes 55
Article 96: Deposits, Interest and Loan Rates 46 Article 122: Equal Opportunity 55
Article 97: Tenor of Deposit 46 - 47 Article 123: Advertisements for Competing Brands 55
Article 98: Naira Notes and Coins 47 Article 124: Compliance with Prevailing Laws 55
Article 99: Coded Accounts 47 Article 125: Endorsement of Advertising Materials 56
Article 100: Exchange Rates 47 - 48 Article 126: Outdoor Regulations 56
Article 101: Disparagement of Competitors 48 Article 127: Outdoor Environment 56
Article 102: Promotions and Incentives 48 - 49 Article 128: Experiential Marketing 56 - 57
Article 103: Forecasts 49 Article 129: Mode of Experiential Marketing Execution 57
Article 104: Prohibited Names and Authorized Features 49 - 50 Article 130: Activation Engagement Authorization 57
Article 131: Credit Management and Powers of the Council 57 - 58
Advertising to Minors and Young Persons on Industry Credit Policy
Article 105: Inducements 50 Article 132: Sector Guidelines 58
Article 106: Appeals 50
Article 107: Exaggeration 50 Chapter Five – Advertising Production and Management 59 - 79
Article 108: Safety 50 - 51
Article 109: Accidents 51 Article 133: Models 60
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Article 134: Advertising Positions 60 Article 152: Performance of Functions 76 - 77
Article 135: Local Values 60 - 61 Article 153 Promotion of Local Content & 77
Nigerian Cultural Heritage
Part 3 – Fines
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WHEREAS:
i. The Advertising Regulatory Council of Nigeria Act No. 23 of
2022 establishes the Advertising Regulatory Council of Nigeria
(the Council) for advertising, advertisements and marketing
communications as the apex regulatory authori for the
Nigerian advertising industry, makes provisions for the
regulation and control of advertising, ensures the protection of
the general public and consumers, promotes local content and
entrenches the best international practices;
ii. Section 8(s) sets out as a function of the Council, to set the
standard for good advertising, advertisement and marketing
communications in Nigeria including publication and
enforcement of codes, guidelines, regulations, proclamations
or other subsidiary legislation on content of advertising for
INTRODUCTION sustainable advertising;
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powers bestowed on the Office in Section 59(1) of the Act to
make regulations as may in his opinion be necessary or
expedient for giving effect to the provisions of this Act and for
its administration.
COMMENCEMENT
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In the exercise of the powers conferred upon the Minister of
Information and Culture by S.59(1) of the Advertising Regulatory
Council of Nigeria Act No.23 of 2022 and other powers conferred
therein, I, LAI MOHAMMED, Honorable Minister of Information
and Culture hereby authorize the proclamation and issuance of
this Code in accordance with relevant provisions of the Act.
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This Code is made to promote decent advertisement, advertising
and marketing communications with the highest ethical standard,
consistent with Nigerian's indigenous tenets, morals, diverse
culture and local heritage. It also seeks efficient regulation of all
aspects of advertisement, advertising and marketing
communications directed at the Nigerian market and to
complement existing Federal legislations aimed at regulating and
controlling advertisements.
CITATION
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This Code shall be cited as the Nigerian Code of Advertising.
SCOPE AND
APPLICATION
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This Code applies to: This Code operates together with all relevant laws in Nigeria, as
i. Individual, organization, body corporate or agency of the well as the existing rules and regulations of the Council.
Federal Government, State or Local Government which
engages in, regulates, sponsors or takes benefit of advertising
services, advertisements and marketing communications
services; and
ii. Any person who sponsors or takes benefit of an advertising,
advertisement or marketing communications services within
the provisions of this Act.
iii. Any person or organization registered, authorised or licensed
to practice or carry on or engage in advertisement, advertising
and marketing communications practice directed at the
Nigerian market;
iv. Any person or organization in Nigeria that engages in
advertisement, advertising and marketing communication
whether directed at the Nigerian Market or foreign market.
v. All sectoral associations recognized by the Council and their
members;
vi. All organizations and individuals that promotes or benefits
from the use advertisement, advertising and marketing
communications services in Nigeria.
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All advertisements, advertising and marketing communications in
Nigeria or directed at the Nigerian market shall be legal, decent,
honest, truthful, respectful and mindful of Nigeria's culture,
constitutional tenets and relevant lawful enactments.
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Article 1: Legali
All advertisements, advertising and marketing communications
shall be legal. They shall conform to all existing laws, rules and
regulations in Nigeria.
Article 2: Decency
Advertisements, advertising and marketing communications shall
not use visual illustrations, words or sounds that offend public
decency. Advertisements shall not be obscene or offensive.
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the other, or as object to satis the sexual pleasure of the other. the subject is unsuitable for minors and young persons.
Article 6: Superstition (c) Materials unsuitable for minors and young persons shall be
Superstition or myth shall not be promoted, or exploited even if clearly identified as such.
such superstition or myth reflects any aspect of culture,
philosophy, or view. Article 10: Testimonials
Advertisements, advertising and marketing communications
Article 7: Appeal to Fear and Distress containing testimonials and endorsements shall be genuine, and
Advertisements, advertising and marketing communications shall any model used shall be suitable for the product, service, cause or
not play on or exploit fear or cause distress. idea endorsed.
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(b) All personal data of any individual or organisation collected for Article 14: Restriction on Data Transfer
the purpose of advertisement, advertising and marketing Data collected in Nigeria for the purpose of advertisement,
communication, sponsorship or promotion shall be: advertising and marketing communication directed at the Nigerian
(i) stored only for the period within which it is reasonably market shall not be transferred outside Nigeria without the
needed; and approval of Council.
(ii) secured against foreseeable hazard and breach including
the , hacking, cyber-a ack, viral a ack, dissemination, Article 15: Identi
manipulation, and wilful damage. (a) Advertisement, advertising and marketing communications
soliciting patronage or reaction shall show the identi of the
(c) All personal data of an individual or organisation collected for advertiser as well as the contact details where calls can be
the purpose of advertisement, advertising and marketing made to ascertain genuineness of claims in the advertisement.
communications, sponsorship or promotion shall be with the
express consent of the individual or organisation not (b) No advertiser, Agency or Media organisation shall accept or
influenced by fraud, coercion or undue influence; expose adver tisement, adver tising and marketing
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communication which does not indicate proper identi of the of people to hold contrary belief or conviction.
sponsor. Teaser advertisement may be exposed provided the
Standards Panel and the media organization is provided with (c) Offensive or disrespectful references shall not be made of any
details of the advertiser. religion or religious belief.
(c) Advertisement, advertising and marketing communications Article 18: Instigation of Violence
shall not bear signoffs such as “commi ee of friends”, Advertisement, advertising and marketing communications shall
“concerned citizens”, or any other broad terms without not instigate or encourage violence against people, product,
verifiable names and addresses. animal or any other object.
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Article 23: Comparative Advertising (c) It is mandatory for advertiser, advertisement agency, and
(a) Advertisements, advertising and marketing communications media house, to obtain the Standards Panel's Certificate of
for products and services shall not unfairly discredit, Approval for any advertisement, advertising and marketing
disparage, or a ack other products, services, advertisements communication before the exposure of any such material, and
or companies, or exaggerate the nature or importance of for every media house to demand the Standards Panel's
competitive differences. Certificate of Approval in the case of direct media buying
before placing any advertisement, advertising and marketing
(b) Advertisements, advertising and marketing communications communication.
for products and services shall not imitate the slogans,
illustrations or any form of expression of another advertiser in (d) Advertisement, advertising and marketing communication for
such manner that may mislead consumers. ve ing shall be presented through registered advertising
practitioner in a Council-licensed advertising firm or
Article 24: Presentation for Approval organisation.
(a) Except for obituary and vacancy, all advertisements,
advertising and marketing communications shall be presented (e) Where required, application for variation may be made to the
for ve ing and must obtain the approval of the Standards Panel Director General for the consideration of any advertisement,
before exposure. Nothing in this Article shall exempt public advertising or marketing communication for which specified
service announcement, obituary and vacancy from complying condition have been set by the Council.
with other standards set out in this Code.
(f) Appeal against a ve ing decision of the Standards Panel shall
(b) Strategy for brand event, show, activation or similar be made to the Director General of the Council.
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(b) Where the person giving the testimonial or making the Article 32: Imitation
endorsement is a minor or young person, prior wri en consent Advertisement, advertising and marketing communication shall
of the parents or guardians must be obtained. not imitate or be closely similar to another previously published or
exposed advertisement to the extent that the la er is confused
Article 28: Scientific Terms and Data with, or associated with the former.
Complex computations and scientific terms or data in a manner to
confer authentici on claims which such complex computations Article 33: Hidden Extras
and scientific terms or data do not possess shall not be used. Indication of any cost or charge for a product or service shall
disclose all information relating to the cost or charge of the
Article 29: Statistics product or service in such a manner that consumers will not be
Statistics with limited validi or application in such a way as to required to incur extra cost or charge for the product or service.
make such statistics appear to be universally true or applicable
shall not be employed. Article 34: Bait and Switch Advertising
Advertisement, advertising and marketing communications shall
Article 30: Guarantee/Warran not appear to offer any product or service as not for sale which is
Words such as “guarantee” or “warran ” may be used provided intended for sale as a means to switch any consumer to other
that the condition of sale or purchase of the product or service product or service.
which the word refers to are clearly stated and details of where
the terms of “guarantee” or “warran ” can be examined or
studied are clearly indicated before patronage.
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ALCOHOL or connotations.
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Article 39: Sponsorship & Event (a) suggest or imply that the alcoholic beverage has health
(a) Notwithstanding any provision of this Code, sponsorship of benefits;
sporting or entertainment event by alcoholic beverage brand
may be permi ed where necessary, provided the event is (b) be associated with piloting, driving, riding or any extreme
designated for adult audience. However, where such events is sports activi ;
covered by, or aired in any broadcast media, only brand name,
corporate name, logo and/or product pack may be deployed. (c) display any person who states that he/she drank alcoholic
beverage as a minor or young person;
(b) Event and competition directed at minors and young persons
shall not be linked to any alcoholic beverage through (d) display any person dressed in any apparel associated with
sponsorship or any other form of marketing support. healthcare professions.
(c) Any individual or organisation that violates any provision of Article 42: Time of Exposure
this Article shall be liable to a fine provided in Article 148(f). (a) Advertisement, advertising and marketing communication for
alcoholic beverage shall not be aired between 6:00 a.m. and
Article 40: Gi Items 8:00 p.m. on radio and between 6:00 a.m. and 10:00 p.m. on
(a) Gi items for alcoholic beverage shall not be directed at television and between 6:00 a.m. and 10:00 p.m. on any
minors, young persons, sportsmen/women and pregnant outdoor platform which displays motion or moving picture.
women.
(b) Any individual or organisation that violates any provision of
(b) Any individual or organisation that violates the provision of this Article shall be liable to a fine provided in Article 148 (f).
this Article shall be liable to a fine provided in Article 148(f).
Article 43: Portrayal of Irresponsible Drinking
Article 41: Claims, Insinuations and Associations Advertisement, advertising and marketing communication for
Advertisement, advertising and marketing communication for any alcoholic beverage shall not portray people drinking irresponsibly
alcoholic beverage shall not - or implying that such behaviour is a ractive or appropriate.
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(b) Advertisement, advertising and marketing communication Article 49: Prohibition of Sponsorship
shall not portray as undesirable abstinence from alcoholic (a) All forms of brand sponsorship, consumer engagement and
drink or suggest it is wrong or socially unacceptable to decline brand communication for tobacco product is prohibited.
an offer of alcoholic drink.
(b) Any individual or organization which violates the provision of
Article 46: Sexual Indulgence this Article shall be liable to a fine of not less than
Advertisement, advertising and marketing communication for N3,000,000.00K (three million Naira).
alcoholic beverage shall not present or imply acts of sexual
indulgence or its permissiveness or portray nudi or any form of CONDOM
indecency;
Article 50: Indecent Use
Article 47: A ributes Advertisement, advertising and marketing communication for
Advertisement, advertising and marketing communication for condom shall not encourage indecency in its use. Emphasis in the
alcoholic beverage shall not offer the product as a stimulant, communication shall be focused on health and family planning
sedative or tranquillizer or that its consumption can improve applications.
performance.
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(b) Any individual or organisation that violates any provision of (iv) be exposed in children, religious and sports programmes;
this Article shall be liable to a fine provided in Article 148 (f).
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(v) use minors, young persons, sportsmen or sportswomen as HEALTH, BEAUTY PRODUCT AND THERAPY
models. Notwithstanding anything in this sub-article,
sportsmen and women may be used for draws in lo ery; Article 56: Diet and Lifes le
(a) Advertisement, advertising and marketing communication for
(vi) use religious or medical suggestions or connotations; health, beau product and therapy shall not disparage good
dietary practice and shall avoid anything likely to encourage
(vii) be sited within a radius of 200 meters from any place of poor nutritional habits or unhealthy lifes le, especially among
worship, hospital, school, or motor parks; children.
(viii) except for brand-sponsored sporting event and adult- (b) Nutrition or health claims shall be supported by scientific
designated entertainment event, be aired between 6:00 a.m. evidence.
and 8:00 p.m. on radio and between 6:00 a.m. and 10:00
p.m. on television or between 6:00 a.m. and 10:00 p.m. on (c) Generalized claims such as 'goodness', 'wholesome' or any
any outdoor platform which displays motion or moving similar claim shall not exaggerate the nutritional or health
picture. benefits of food product or any ingredient.
(c) Any individual or organization that violates any provision of (d) Reference to the properties of any ingredient shall not give
this article shall be liable to a fine provided in Article 148 (f). misleading impression of the properties of the whole product.
NETWORK AND MULTI-LEVEL MARKETING (e) The scientific meaning of any word shall not be confused with
its colloquial meaning or physical potency.
Article 55: Network and Multi-level Marketing Activities
Advertisement, advertising and marketing communication for a Article 57: Scientific Evidence of Claims
network or multi-level marketing shall duly comply with the (a) Medical or scientific claims made about any cosmetics,
regulatory provisions of the Securities and Exchange Commission beau , health-related or veterinary products shall be
and any other relevant law. supported by verifiable scientific evidence.
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(b) Advertiser inviting consumer to self-diagnoses of minor (h) Advertisement, advertising and marketing communication
ailments shall not make claims that will lead to mistaken shall include warning or caution to consumers to seek or
diagnosis. obtain independent medical advice before commi ing to
significant treatments.
(c) Advertiser shall not discourage essential treatment or offer
specific advice on, diagnosis of, or treatment for serious or (i) Advertiser shall substantiate any claim or assertion that any
prolonged conditions unless it is conducted under the form of addiction or bad habit can be treated without effort
supervision of a qualified medical or health professional. from any person.
Accurate and responsible general information about such
conditions may, however, be offered. (j) Advertisers shall not use unfamiliar scientific words for
common conditions.
(d) Consumer shall not be encouraged to use medical products in
excessive manner. Article 58: Medicines
(i) Any medicine to be advertised shall be registered with and
(e) Advertiser shall present proof before suggesting their products must have obtained registration number from the National
or therapies are guaranteed to work, safe or without side- Agency for Food, Drug Administration and Control (NAFDAC)
effects. or any other relevant agency.
(f) Advertisement, advertising and marketing communication (ii) Advertisement, advertising and marketing communication for
shall not suggest that any product is safe or effective merely medicine shall emphasis the consultation of a qualified
because it is natural or that it is generally safe because it omits medical practitioner before use.
an ingredient in common use.
(g) Advertiser offering individual treatments, particularly those (iii) Where appropriate, advertisement, advertising and marketing
that are physically invasive, may be requested by the communication for any medicine shall include a caution that
Standards Panel to provide necessary details including medical test must be conducted before administering the
information about any person who will administer or medicine.
supervise the administration of the product.
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(iv) Advertisement, advertising and marketing communication of (v) use health professionals to endorse medicines except where
any medicine for the treatment of ailment such as malaria, appropriate authori 's approval is obtained.
headache, body pain, cold, cough, catarrh etc must advice
consumer to seek proper and relevant medical a ention prior (vi) claim that its effect is as good as, or be er than that of
to commencement of treatment. another product.
(v) Advertisement, advertising and marketing communication (vii) Homeopathic-related medicine or product shall be
shall include the name of the product and indication of what registered with NAFDAC prior to being advertised.
the product treats. It is recommended that consumer should be
referred to read the leaflet. (viii) Herbal or alternative medicine is subject to the provisions of
this Article and except where clinical verification is available,
(vi) Advertisement, advertising and marketing communication for advertisement, advertising and marketing communication of
medicine shall not – such medicine must include a declaration that any claim of
health benefit has not been clinically verified.
(i) use any word or action eliciting fear or anxie to promote
any medicine or recovery from any illness or suggest that Article 59: Diagnostic Services/Centers
using or avoiding a product can affect normal good health. Advertisement, advertising and marketing communication for
diagnostic service or center shall not convey any false or
(ii) if prescription-only medicines, be advertised except in strict misleading information offering treatment, mitigation or
direct marketing to a medical professional. prevention of any disease, disorder, abnormal physical state, or
symptom etc in human or animal.
(iii) use inaccurate illustration of the effect or action of any
product. Article 60: Vitamins, Minerals and Other Dietary Supplements
(a) Advertiser shall present to the Standards Panel scientific
(iv) be addressed to children or directed at, or target children evidence for any claim that their vitamin or mineral product or
programme. other food supplement is beneficial to health. In assessing
claims, the Standards Panel will consider recommendations
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(c) Without established proof, no advertisement, advertising and Article 62: Preventing Ageing
marketing communication shall suggest that there is Advertisement, advertising and marketing communication for any
widespread vitamin or mineral deficiency or that it is medication shall not contain any claim to offer rejuvenation, or to
necessary or therapeutic to augment a well-balanced diet. prevent, retard or reverse any physiological change or
degenerative condition brought about by, or associated with
(d) Advertisement, advertising and marketing communication advancement in age.
shall not encourage consumer to swap a healthy diet for
supplementation. Article 63: Hair and Scalp
Advertiser shall provide evidence where appropriate, including
(e) Advertisement, advertising and marketing communication trials conducted on people for any claim that any product or
targeted at particular group of persons or animals potentially at therapy can prevent baldness or slows it down, arrests or reverses
risk of deficiency in any nutrient must clearly indicate the hair loss, stimulates or improves hair growth, nourishes hair roots,
particular group of persons or animals. strengthens the hair or improves its health as distinct from its
appearance.
(f) Self-medication shall not be promoted on the basis that it will
influence speedy recovery from illness caused by depletion in Article 64: Weight Control
nutrients. (a) Any claim made for the effectiveness or action of a weight
reduction method or product shall be supported by scientific
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evidence; testimonials that are not supported by evidence do only for short term use and shall encourage users to take
not constitute substantiation. medical advice before using the product.
(b) Treatments for obesi shall not be advertised to the public (h) Advertisement, advertising and marketing communication for
unless they are to be carried out under suitable qualified diet aid shall clearly explain how the aid works. Prominence
professional supervision. shall be given to the role of the diet and advertisement,
advertising and marketing communication shall not give the
(c) Advertisement, advertising and marketing communication for impression that dieters cannot fail or can eat without restraint
any weight reduction exercise shall neither be directed at, nor and still lose weight.
contain anything that will appeal particularly to people who
are under 18 or those in whom weight reduction would (i) Advertisement, advertising and marketing communication
produce a potentially harmful body weight. shall not contain claims that people can lose precise amounts
of weight within a stated period or that weight or fat can be lost
(d) Advertisement, advertising and marketing communication from specific parts of the body.
shall not suggest that it is desirable to be underweight.
(j) Any claim that an individual lost exact amount of weight shall
(e) An advertiser shall show that weight reduction is achieved by be compatible with good medical and nutritional practice. Any
loss of body fat before claims are made for a weight reduction claim made shall state the period involved and shall not be
aid. Combining a diet with an unproven weight reduction based on any experience that is not factually represented.
method shall not justi any claim for weight reduction using
the advertised method. (k) An advertiser shall be able to substantiate any claim that
resistance and aerobic exercise can improve muscular
(f) An advertiser shall be able to show that their diet plans are condition and tone and/or can improve body shape and
nutritionally balanced except diets plans making up for posture and where the advertisement, advertising and
deficiency in particular nutrient. marketing communication demands intensive exercise
programmes, users shall be encourage to check with a
(g) Any advertiser promoting Very Low Calorie Diets shall do so qualified medical practitioner before commencement.
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(l) Advertisement, advertising and marketing communication (I) contain any offer to diagnose or advice a customer except in
shall not portray as permanent or confuse the loss of girth by compliance with the ethics of Medical and Dental Council of
wearing tight-fi ing garment with weight or fat reduction. Nigeria.
Article 65: Elimination of Ailment (ii) prescribe treatment for disease, complaint, condition, or
Except where scientifically or empirically proven, Advertisement, symptom which requires the a ention of a medical doctor.
advertising and marketing communication shall not contain any
claim to cure any aliment or symptom of ill health or a word or Article 68: Exploitation of Innocence
expression or impression suggesting the elimination of any Advertisement, advertising and marketing communication of any
ailment, illness or disease. medical product shall not cause unwarranted anxie especially to
persons who suffer, or may suffer from the condition to which the
Article 66: Prescription Medicines advertisement relates and it shall not suggest that the use of the
Advertisement, advertising and marketing communication for advertised product is all that is required for the maintenance of the
prescription medicine or device relating to the treatment of any physical or mental wellbeing of such persons.
disease, complaint, condition, or symptom which requires the
a ention of a qualified medical practitioner shall not be exposed Article 69: Prohibition of Excesses
in any public medium, except in relevant professional media, No advertisement, advertising and marketing communication of
journals, interactive forum, etc. any medical product shall encourage indiscriminate,
unnecessary, or excessive use of any medical product.
Article 67: Diagnosis, Prescription, or Treatment
(a) Advertiser of any medical product which requires the Article 70: Hypnosis
a ention of qualified medical practitioner before Advertisement, advertising and marketing communication shall
commencement of treatment or use of the product shall not contain any offer of medical diagnosis or treatment of any
advice consumers to seek such a ention prior to embarking on medical complaint or any condition by hypnosis.
treatment with the product.
(b) No advertisement, advertising and marketing communication Article 71: Restricted Words
of any medical product shall – (a) Advertisement, advertising and marketing communication of
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any medical product shall not – Article 72: Alternative Medical Practices
(i) use words as such as safe, without risk, or harmless etc Subject to the provisions of this Code, all advertisement,
unless the words are certified by authorized medical advertising and marketing communications, promotions and
authorities; other marketing communications activities concerning
alternative medical practices, products and treatments shall:
(ii) offer to cure cancer, AIDS or any such ailment of such (a) C l e a r l y s p e c i the name and address of the
category, unless the cure has been authenticated by the body dispenser/advertiser;
regulating such sector of medical practice in Nigeria; (b) Speci the particular ailment to which the product applies and
shall not claim efficacy over a range of conditions;
(iii) in treatment for any disorder or irregulari peculiar to (c) Have recommended dosage or specified prescription.
women, contain expressions suggesting that it induces
abortion. ADVERTISEMENTS FOR RELIGIOUS AND RELATED MATTERS
(iv) contain any exaggerations especially the use of words such Article 73: Encouragements
as magic, magical, miracle, miraculous, etc; Advertisement, advertising and marketing communication for
religious products and services shall focus on the effort to
(v) offer to diagnose or treat by correspondence, digital, virtual encourage spiritual, moral, social and physiological wellbeing of
or online medium of engagement; the devotee.
(vi) offer to refund money to dissatisfied users; Article 74: Exploitation of Weakness
R e l i g i o u s a d ve r t i s e m e n t, a d ve r t i s i n g a n d m a r ke t i n g
(vii) contain words such as clinic, institutes, laboratory or similar communication shall not exploit the weakness, shortcoming, or
terms unless such establishment does in fact exist and is state of desperation of any person.
registered as such;
Article 75: Miracles, Coercion, etc.
(viii) purport to increase sexual libido or correct sexual weakness Advertisement, advertising and marketing communication and
except where scientifically proven. promotion of any religious products or services shall not:
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(a) exaggerate the occurrence of miracles or use of spurious communication shall not explicitly or implicitly exploit adversely
testimonies that will deceive the audience; any ma er of ethnici , religion or any other sectional interest.
(b) appear to guarantee financial prosperi , healing, marriage,
employment, etc; Article 79: Compliance
(c) cast aspersion on any other sect or religious belief; Every advertiser, political par , political office aspirant and
(d) coerce, cajole, or otherwise compel anyone to become an political agent shall comply with the provisions of this Code, the
devotee of a particular sect or belief or to participate in any Nigeria Broadcasting Code and the Electoral Laws in all ma ers
religious activi . relating to political advertising.
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telecommunication product and service from accessible structure or information appearing in electronic or digital
website. media shall explain the details of such complicated price
structure or information except where it is complemented
Article 82: Requirements with detailed print media explanations which consumers must
Where demanded by the Standards Panel, advertisement, be specifically referred to.
advertising and marketing communication for any
telecommunication product or service shall provide in clear Article 84: Distasteful Advertorial
terms: Advertisement, advertising and marketing communication for
telecommunication product or service shall not contain any
(a) where the product or service for which any claim or ma er connected with obsceni or profani or unsuitable for
representation is made can be tested by survey or data; the minors and young persons or contain any adverse or prejudicial
period involved and any location tested must be reliable and content relating to ethnici , race, religion, sex, gender, age etc.
reflecting the true outcome of the findings of verifiable
independent third par research. Article 85: General Guidelines on Internet and Digital Media
Advertising
(b) standard or requirement of a specific or general nature that (a) Any advertisement, advertising and marketing communication
may be specified from time to time by relevant regulatory directed at the Nigeria market using internet and other
authorities. electronic media is subject to the laws and regulations on
advertising practice in Nigeria.
Article 83: Pricing (b) Notwithstanding any restriction or obligation in this Code,
(a) Advertisement, advertising and marketing communication of advertisement, advertising and marketing communication
telecommunication product or service shall speci all prices directed at the Nigeria market using the internet or any other
and financial implications clearly and shall have no hidden or electronic media must comply with the following
disguised price adjustment, discount, unrealistic price requirements:
comparison or exaggerated claim. (i) The commercial nature of the communication must not be
(b) Advertisement, advertising and marketing communication of concealed or misleading and must be made clear in the subject
telecommunication product or service with complicated price where used;
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(ii) Contain in clear terms of the offer and device should not be MAIL ORDER/DIRECT SALE, E-COMMERCE
used to conceal or obscure any material factor or condition
likely to influence the customer's decision; Article 86: Stock
(iii) Unsolicited messages should not be directed to consumers (a) Advertisers shall ensure that they have adequate stock of
except where reasonable ground to believe that a consumer advertised products to satis the demand expected to be
who receives such communication will be interested in the generated by the advertisement.
subject ma er or offer;
(iv) Marketing communication sent via telecommunication media (b) Advertisement, advertising and marketing communication by
shall include a clear and transparent mechanism enabling the mail, direct sale, e-commerce order shall clearly indicate that
consumer to express the wish not to receive subsequent consumer who show reasonable cause for dissatisfaction shall
communication; be refunded the money paid for the product.
(v) In respecting the consumer's preference expressed either
directly to the sender or through participation in a preference Article 87: Samples
service programme, care should be taken to ensure that Advertisers shall be prepared to provide a demonstration or
neither the marketing communication, nor any application sample of the advertised product upon demand by the Standards
used to enable consumer to open other marketing or Panel.
advertising message interferes with the consumer's normal
usage of electronic media. Article 88: Advertiser's Address
Advertisement, advertising and marketing communication by mail
(c) Identifiable personal information about children may be order, direct sales and e-commerce shall clearly state the full
disclosed to third parties only a er obtaining parental consent contact details, name, verifiable physical address, phone number
or where authorised by law. and email of the advertiser.
(d) Marketing communication for any telecommunication product Article 89: Conformi with Description
or service unsuitable for children should be clearly identified Products advertised through mail order, direct sales and e-
as such. commerce shall conform to the descriptions contained in
advertisement and advertisers shall indicate that where the
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product does not conform to the description, refund shall be (d) where quoted earning is mentioned, be precise;
made.
(e) where income is earned from a basic salary, commission,
Article 90: Statement of Terms combination of salary and commission, or in some other way,
The selling arrangements of products through mail order, direct the manner of the income shall be clearly stated;
sales and e-commerce shall state or indicate the method of
refund, delivery, and a er-sales conditions clearly in the (f) where an employment agency is engaged, clearly provide the
advertisement, advertising and marketing communication. agency's full name and contact details;
Article 91: Substitution of Product (g) for schemes requiring participants to make articles, perform
Consumers who respond to mail order and direct sale or e- services or offer facilities at or from home, contain:
commerce advertisements shall be offered the exact products (i) full name and physical address of the advertiser;
advertised and substituted products shall not be delivered without (ii) clear description of the work and support available to home
the consent of the buyer. workers;
(iii) indication of whether participants are self-employed or
EMPLOYMENT AND BUSINESS OPPORTUNITIES employed by a business;
Article 92: Employment or Business Terms (iv) probable level of earnings;
Advertised employment and business opportunities shall – (v) no forecast of earnings if the scheme is new;
(a) clearly indicate full details of the Advertiser and any term and (vi) statement of any required investment or binding obligation;
condition imposed on respondents; (vii) statement of any charges for raw materials, machines,
components, administration etc;
(b) correspond to genuine vacancies and an applicant for (viii) information on whether the Advertiser will buy back any
advertised position or opportuni shall not be required to products made or sold;
make any payment for further details; (ix) any limitations or conditions that might influence consumer's
decision to participate.
(c) clearly state the living and working conditions without
misrepresentation; (h) clearly contain or indicate:
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(i) The full name and physical address of the advertiser; great care to ensure that consumers appreciate fully any
(ii) Clear description of the work involved and the extent of commitment to be entered into;
investor's commitments, including any financial investment
and the support available; (b) by any bank or deposit institution for the opening, closure or
(iii) no unrepresentative or exaggerated earning figures. relocation of offices, branches or cash centres not be exposed
without the approval of the appropriate regulatory authori ;
(i) for vocational training and other instruction courses not make
any promise of employment unless it is guaranteed and the (c) except where authorised by appropriate relevant regulatory
duration of the course and clearly state the of level of authori , not use any word or phrase that portrays lo ery or
a ainment needed; gambling such as “raffle”, “raffle draw”, “bonanza”, “win” etc;
(j) for sale of directories giving details of employment or business (d) clearly state, where insurance-linked product or service or
opportunities, indicate clearly the nature of what is being similar product with scholarship benefit is to be advertised, the
offered. actual value of such insurance or scholarship benefit.
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advertisement, the tenor of such deposits with applicable rate featuring foreign currency shall also show prevailing Naira
shall be clearly stated. equivalents.
Article 98: Naira Notes and Coins Article 101: Disparagement of Competitors
(a) The reproduction of the Naira notes in advertisement, Advertisement, advertising and marketing communication for
advertising and marketing communication in the same size financial and related services shall not –
and colour as the real notes is prohibited. (a) disparage other banking or financial or related institution,
product or service.
(b) Coins may be reproduced in print, but cut-out or die-cut
reproduction in any material is prohibited. (b) be injurious to the operation, product or service of another
financial institution or financial system.
(c) Advertisement, advertising and marketing communication
that features Naira notes and coins shall encourage proper (c) contain figures from non-audited financial statement of the
handling. advertised institution except if permi ed by any prevailing
law.
(d) Advertisement, advertising and marketing communication
shall not depict the display of the Naira in a manner that Article 102: Promotions and Incentives
reflects frivoli such as indiscriminate heaping, tossing or (a) Advertisement, advertising and marketing communication for
a empts to titillate covetousness in the consumer. financial and related services shall not encourage any
customer of other bank or financial institution to switch over
Article 99: Coded Accounts patronage through competition, lo ery and other such
Advertisement, advertising and marketing communication shall promotional technique.
not encourage or imply that coded or anonymous bank accounts
can be operated in Nigeria unless permi ed by relevant law. (b) Advertisement, advertising and marketing communication
offering be er incentives than another competitor shall
Article 100: Exchange Rates ensure that it supplies relevant fact necessary for proper
Advertisement, advertising and marketing communications assessment of any claim made.
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(c.) Where terms and conditions apply, the advertiser shall state (iii) have the capabili to honour its obligations to investors or
the terms and conditions clearly or refer customers to any depositors in the product as indicated in the product features
accessible website where the terms and conditions shall be and benefits.
found.
ADVERTISING TO MINORS AND YOUNG PERSONS
Article 103: Forecasts Article 105: Inducements
Advertisement, advertising and marketing communication for Advertisement, advertising and marketing communication shall
financial and related services containing any forecast or not deceptively manipulate minors and/or young persons to
projection of a specific return or rate of return shall clearly state patronize a product or a service.
the basis upon which the foreclosure or projection is made.
Article 106: Appeals
Article 104: Prohibited Names and Authorized Features Appeals in advertisement, advertising and marketing
(a) Advertisement, advertising and marketing communication for communication directed at children shall not make them feel
financial and related product and service shall not bear names inferior or superior to or less or more likeable than other children
or words such as “Central”, “Federal”, “National”, “Nigeria”, who buy or use the advertised product or service.
“State”, “Christian”, “Islam”, “Koranic”, “Biblical”, “Bonanza”,
“Raffle”, “Raffle Draw” etc. Article 107: Exaggeration
Advertisement, advertising and marketing communication
(b) Advertisement, advertising and marketing communication for directed at minors, young persons and vulnerable persons shall
financial and related product and service shall – not exaggerate the benefit associated with the use of a product or
(I) have target markets; clear features; derivable benefits; mode service.
of operation which do not contravene any of the provisions of
any existing laws as well as circulars issued from time to time Article 108: Safe
by appropriate regulatory authori ; (a) Advertisement, advertising and marketing communication
shall not portray minors, young and vulnerable persons
(ii) have features and benefits which shall not be deceptive in any indulging in any behaviour or practice which is unsafe or in any
manner or form; manner hazardous to them.
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(b) Street scenes depicted in advertisement, advertising and Article 112: Exploitation of Innocence
marketing communication shall show adequate regard for the Advertisement, advertising and marketing communication
Highway Code and road safe regulations. directed at minors and young persons shall promote their physical
and moral well-being and shall not adversely exploit their natural
(c) Minors, young, and vulnerable persons shall not be depicted in innocence or trusting nature.
any dangerous situation, such as walking unguarded stairways
or leaning over balconies or darting across busy highways. Article 113: Values
Advertisement, advertising and marketing communication using
(d) Minors, young and vulnerable persons shall not be shown minor and young person as model shall not expose such person to
reaching or a empting to reach items far above their reach. values that are not generally acceptable to the socie .
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Article 123: Advertisements for Competing Brands (c) The use of motion pictures or lurid images is prohibited on
Advertisement, advertising and marketing communications for sites or roads where they can cause traffic distractions.
competing brands shall not be placed next to each other in any
medium. Article 127: Outdoor Environment
All outdoor boards and structures shall be sited and maintained
Article 124: Compliance with Prevailing Laws with adequate consideration for safe and protection of the
Media owner shall ensure that no advertisement, advertising and environment.
marketing communication in the media violates any part of the
provisions of this Code, or any prevailing relevant law. Article 128: Experiential Marketing
Experiential marketing shall clearly indicate the description and
pe of event proposed to be employed for any below-the-line
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advertisement, advertising and marketing communication's (d) The terms of contracts between parties shall be strictly
activi . adhered to and shall be enforceable by the parties.
Article 129: Mode of Experiential Marketing Execution (e) Neglect, failure to comply, or breach of credit obligations shall
Advertisement, advertising and marketing communication be treated subject to prevailing measures under the relevant
engaging experiential marketing activi such as roadshow, open guidelines and procedures set by the Council.
market, modern trade, hotel, recreation, catering services etc
shall clearly state the execution mechanism, proposed location Article 132: Sector Guidelines
and any other information relevant to the activi . Guidelines adopted by recognised sectoral groups shall be in
conformi with the provisions of this Code.
Article 130: Activation Engagement Authorization
Relevant authorization or clearance must be obtained from
appropriate authorities prior to activation engagement by any
experiential marketing advertisement agency.
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idiomatic expressions characteristic of Nigerian languages addressed to minors and young persons to prevent the
shall be properly used when employed. exposure of unsuitable items or information to them.
Article 137: Protection of Consumers, Safe and Suitabili (c) Promoter shall not encourage consumer to make any purchase
(a) Promoter shall make all reasonable efforts to ensure or series of purchases as a precondition to applying for
promotional materials including product samples, are safe and promotional items where the number of those items is limited.
will cause no harm to a consumer or any proper . Literature
accompanying promotional items shall give any necessary (d) Where promoters are unable to meet the demand for a
warning and appropriate safe advice. promotional offer because of unexpectedly high response or
any other unanticipated factor beyond their control, they shall
(b) Promoter shall make requisite effort to ensure that consumer offer refunds or substituted products as may be prescribed by
do not receive unsuitable or inappropriate material. relevant authorities.
(c) Promotion or promotional item shall not be offensive to the Article 140: Administration of Promotion Activi
audience or encourage inappropriate use. (a) Promotion shall be conducted with proper supervision and
adequate resources shall be made available to administer
Article 138: Sales Promotion to Minors and Young Persons them.
Adequate care and caution shall be taken when promotion is
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(b) Promoter shall give adequate time for each phase of any (e) Promoter shall not charge for packaging, handling or basic
promotion in order to ensure proper notification to administration of any promotional material.
consumers, distribution of goods and carrying out of
necessary measures leading to final results. Article 142: Promoter's Due Diligence
Promoter shall ensure that due diligence is taken prior to
Article 141: Free Offers and Free Trials embarking on any promotion campaign.
(a) Promoter shall not try to recover cost by reducing the quali
or composition or by inflating the price of any product to be Article 143: Significant Conditions for Promotions
bought as a pre-condition of obtaining any free item. (a) Promotion shall speci clearly before any purchase or at the
time of entry/application, if no purchase is required:
(b) Promoter shall not describe a component or item in a package (i) How to participate, including significant conditions, costs,
as “free” where the cost of that component or item is included and any other factor reasonably likely to influence
in the package price. consumer's decision or understanding about the promotion;
(ii) If any proof of purchase is required;
(c) Promoter shall not use the term “free trial” to describe (iii) The minimum number and nature of any prize, if applicable
“satisfaction or your money back” offer, “buy one, get one and if prize is to be given in instalments or to be shared
free” offer or other similar offers where a non-refundable among recipients;
purchase is required. However, promoter shall provide a cash (iv) Geographical, personal or technological restrictions, age,
refund, postal order, money transfer or personal cheque access to the Internet, etc;
promptly to free trial participants. (v) Where there is need to obtain permission before
participation;
(d) Consumer's liabili for costs shall be made clear in any (vi) Commencement date of any competition referring to any
material showing “free” offers. An offer shall be described as special offer where the special offer has not begun;
free only if consumers pay no more than the minimum cost of (vii) Closing date, where applicable, for purchase or submission of
responding to the promotion or the true cost of freight or entries/claims.
delivery or the cost of incidental expenses.
(b) Promoter shall be able to demonstrate that the absence of a
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closing date will not negatively affect to consumers. (b) The distinction between prizes and gi s shall always be clear.
Gi s offered to all or most consumers in a promotion shall not
(c) Promoter shall state if the deadline for responding to undated be described as prizes.
promotional material will be calculated from date material is
received by a consumer. (c) Where promoter offers gi s to all or most consumer in addition
to giving prizes to prize winners, particular care must be taken
(d) Closing date for promotion shall not be changed unless any to avoid confusing the two categories.
circumstance beyond the reasonable control of the promoter
makes it necessary. Where closing date is changed, promoter (d) Promoters shall not overstate consumer's chances of winning
shall take all reasonable steps to ensure that consumer who a prize. Where promoters include list of consumers who have
participated within the original terms are not negatively not won prizes in lists of those who have won prizes, they shall
affected. distinguish clearly between the two categories.
(e) Promoters shall state if there is likely to be any limitation on the (e) Promoter shall not claim that consumer is lucky by use terms
availabili of promotional packs in relation to a stated closing such as “finalist” or “final stage” in a way that implies that
date of any promotion. consumer have progressed by chance or skill to an advanced
stage of promotions if the consumer had not.
(f) Promoter shall clearly state full name and business address,
unless it is clearly stated in the promotional materials. (f) Promoter shall not claim that consumer shall respond within a
Promotion by newspaper and magazine in their publication specified date or within a specified time if consumer does not
need not state the name and address if those can easily be need to respond within the period.
found in the publication.
(g) Complex rules shall be avoided and only very exceptionally
Article 144: Other Rules for Prize Promotions will it be considered acceptable to supplement conditions of
(a) Promoters shall not claim that consumer have won any prize if entry with additional rules. Where extra rules cannot be
consumer has not. avoided, participants shall be informed how to obtain them;
the rules shall not contain anything that could reasonably have
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influenced consumer's decision to participate. winning entries. Prize winners shall not be compromised by
the publication of excessively detailed personal information;
(h) Promoter of draws shall ensure that prizes are awarded in (vii)the criteria for judging entries. If the selection of winning
accordance with the relevant rules and under the supervision entries is open to subjective interpretation, an independent
of an independent observer. judge, or a panel including at least one member who is
independent of the competition's promoters and
(i) Participants in instant win promotions shall get their prizes at intermediaries, shall be appointed. Those to act as judges shall
once or shall know immediately what they have won and how be competent to judge the subject ma er of the competition.
to claim without delay, unreasonable costs or administrative The full names of judges shall be made available on request;
barriers. (viii)where relevant, who owns any copyright in the entries;
(ix) where applicable, how entries will be returned by promoters;
(j) Instant win tickets, tokens or numbers shall be awarded on a (x) any intention to use winners in post-event publici ;
fair and random basis and verification shall take the form of an
independently audited statement that all prizes have been (l) Promoters shall award prizes as described in their promotional
distributed, or made available for distribution, in that manner. communications.
(k) Prize promotions shall speci before or at the time of entry: (m)Promoters shall not falsely claim or imply that consumer has
already won, will win, or will on doing a particular act win a
(i) any restriction on the number of entries; prize or any other equivalent benefit if the consumer shall
(ii) whether or not a cash alternative can be substituted for any incur a cost to claim the prize or any other equivalent benefit
prize; or if the prize or other equivalent benefit does not exist.
(iii) when prize winners will receive prizes if later than 21 days
a er the closing date; Article 145: Front Page Flashes
(iv) how and when winners will be notified of results; Advertiser announcing reader promotions on the front page or
(v) how and when winners and results will be announced; home page shall ensure that consumer knows whether they will
(vi) publish or make available on request the name and location or be expected to buy subsequent editions of the publication. Any
address of major prize winners and, if applicable, their major conditions which may reasonably influence consumer's
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decision to buy the publication shall appear on the front page or Article 147: Trade Incentives
home page. (a) Incentive schemes shall be designed and implemented to take
account of the interests of persons involved and shall not
Article 146: Chari -linked Promotions compromise the obligations of employees to give honest
Promotions claiming that participation will benefit registered advice to consumers.
charities or causes shall:
(i) name each chari or cause that will benefit and be able to (b) Where promoter intend to seek help from, or offer incentives
show the Standards Panel a formal agreement with those to another company's employees, promoter shall observe any
benefiting from the promotion; procedure established by the company for their employees,
(ii) if not a registered chari , define its nature and objectives; including any rule for participating in promotion.
(iii) speci exactly what will be gained by the named chari or
cause and state the basis upon which the contribution will be (c) Incentive schemes shall make it clear to those benefiting that
calculated; the beneficiary may be responsible for paying tax or any other
(iv) state if the promoter has imposed a limit on its contributions; levy as may be demanded by appropriate authori .
(v) not limit consumer's contributions. If an amount is stated for
each purchase, there shall be no cut-off point for (d) Promoter shall not claim that products would be able to
contributions. If a target total is stated, extra money facilitate winning where they are not.
collected shall be given to the named chari or cause on the
same basis as contributions below that level; PART 3 – FINES
(vi) be able to show that targets set are realistic; Article 148: Fines for Unauthorised Exposure
(vii) not exaggerate the benefit to the chari or cause derived (a) An agency which creates and/or places for publication or
from individual purchases of the promoted product; exposure of an advertisement without the Standards Panel's
(viii) upon request by the Standards Panel or any other appropriate Certificate of Approval shall be liable to a minimum fine of
authori , make available to consumers a current or final N500,000.00 (Five Hundred Thousand Naira).
total of contributions made;
(ix) take particular care when appealing to minors and young (b) An advertiser who authorises the publication or exposure of an
persons. advertisement without the Standards Panel's Certificate of
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Approval shall be liable to a minimum fine of N500,000.00 PART 4: ADMINISTRATION OF THE CODE
(Five Hundred Thousand Naira). Article 149: Power to Administer the Code
The Council is empowered by –
(c) A media house which publishes or exposes an advertisement (a.) Section 1(2)(d) of the Act to determine, pronounce upon,
without the Standards Panel's Certificate of Approval shall be administer, monitor and enforce compliance by persons and
liable to a minimum fine of N500,000.00 (Five Hundred organisations on ma ers relating to advertisements,
Thousand Naira). advertising, and marketing communication in Nigeria,
whether of a general or specific nature.
(d) An advertising practitioner who publishes, exposes or
knowingly aids the publication or exposure of an (b.)Section 9(b) of the Act to authorise, formulate, establish and
advertisement without the Standards Panel's Certificate of issue code, proclamations, standards of practice, guidelines,
Approval shall be subject to the Council's disciplinary and other regulations on advertising, advertisement and
procedure notwithstanding the payment of fine for violation. marketing communications in Nigeria;
(e) An advertising practitioner in a media house responsible for PART 5: ADVERTISING PRACTITIONERS – RIGHTS AND
the publication or exposure of any advertisement, advertising RESTRICTIONS
and marketing communication without the Standards Panel's
Certificate of Approval shall be subject to the Council's Article 150: General Principle on Practice
disciplinary procedure. (a) No person shall be permi ed to offer advertisement,
advertising and marketing communications services directed
(f) Except for violations with specified fines provided in article at the Nigerian market except as stipulated by Act and other
148(a),(b),(c), and (d), any person or organisation that violates relevant laws and regulations.
any provision of this Code shall be liable to a minimum fine of
N500,000.00 (Five Hundred Thousand Naira). (b) The Council is empowered to –
The Standards Panel's Certificate of Approval is an a estation that (i) Approve, admit, register and/or license individuals and
the advertising material has satisfied the provisions of this Code. corporate organisations qualified to practice advertisement,
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advertising and marketing communications or offer (d) An application by a person for authori to set up, own,
advertisement, advertising and marketing communications establish, or where such outfit already exists, operate an
services directed at the Nigerian market; advertisement, advertising and marketing communications
outfit shall be addressed to the Director General of the Council
(ii) Receive, consider and refer for investigation complaint from in the prescribed form.
individuals and organisations regarding the contents of an
advertisement, advertising and marketing communication and (e) The Council shall, in the consideration of an application for a
the conduct of an advertising practitioner or firm, in so far as it license, be satisfied that the applicant has sufficient
is relates to the Nigerian market, regradless of whether the knowledge and skill to perform advertisement, advertising and
person offering such advertisement, advertising and marketing communications in Nigeria.
marketing communications services had properly complied
with the requirements of registration and licensing or not; (f) In granting license, the Council may consider the following:
(i) A license shall be valid for a period of three years in the first
(iii) Uphold the principles and standard of advertisement, instance, and for a period of three years for every subsequent
advertising and marketing communications under the Act and renewal.
this code; (ii) Past conduct of the licensee.
(iv) Promote Nigerian indigenous and diverse culture and (g) A license shall not be transferred, changed or disposed of
communi life through advertisement, advertising and without prior authorization by the Council.
marketing communications;
(h) A license may be revoked by the Council where:
(c) An application by any person for registration for the purpose of (i) the prescribed fee has not been paid.
practicing advertisement, advertising and marketing (ii) the license has not been put to use within a period of one year
communications in Nigeria shall be made to the Director a er issuance.
General of the Council in accordance with the provisions of the (iii) it is found that the license was obtained in breach of, or non-
Act. compliance with the provisions of the Act, Code or any other
relevant regulation.
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(iv) in the opinion of the Council the advertising outfit has been except registered or licensed to so do.
used in a manner contrary to the terms and conditions of
issuance. (b) Where a non-Nigerian applies to be registered as an
(v) false statement is knowingly made either in the application or advertising practitioner, such person must give particulars of
in any statement of fact which may be required pursuant to relevant qualifications obtained. The Council may direct such
the Act, Code or relevant regulation. person to undergo any examination or establish as condition
(vi) the Council discovers information that would ordinarily any number of training for a certain period to complement any
preclude granting of a license to a licensee. qualification previously obtained.
(vii) there is willful or repeated failure to operate substantially as
set forth in the license. (c) Nothing in this Code shall prevent any person from being a
(viii) there is willful violation or failure to observe any provision of member of any advertising association duly recognised by the
the Act or any rule or regulation made pursuant to powers Council or under the Act and to be subject to any of its
vested in the Council. professional ethics and discipline.
(ix) there is violation of or failure to observe any cease and desist
order issued by the Council. Article 152: Performance of Functions
(a) A registered advertising practitioner or licensed organisation
(i) The Council may from time to time issue circulars speci ing shall not engage in the practice of the profession where –
the licensing requirements for each category of advertising
outfit and shall take into cognisance the fact that some (i) the person or organisation has not paid prescribed practice fee
advertising outfits have been in business prior to the issuance by 1st day of March of every year or the prescribed license fee
of the circular. as at the time stated in the relevant license.
(ii) the person is an officer in any establishment not employed to
Article 151: Authori to Practice execute the functions of advertisement, advertising and
(a) No person or organisation shall be authorised to practice marketing communications.
advertisement, advertising and marketing communications in (iii) the person is a full or part time lecturer on a subject not
Nigeria or offer or direct any advertisement, advertising and authorised by the Act to engage in practice of the profession.
marketing communications at the Nigerian advertising market
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(c) The Council may, where necessary, request for a Nigerian THIRD SCHEDULE
Content Plan for application for license. BODIES REPRESENTED IN THE ADVERTISING STANDARDS PANEL
(a) The Association of Advertising Agencies of Nigeria (AAAN)
(d) A Nigerian Content Plan shall show that: (b) The Advertisers Association of Nigeria (ADVAN)
(i) First consideration is given to Nigerians for services provided (c) The Broadcasting Organisation of Nigeria (BON)
within Nigeria; (d) The Newspaper Proprietors' Association of Nigeria (NPAN)
(ii) Nigerians shall be given first consideration for employment (e) The Outdoor Advertising Association of Nigeria (OAAN)
and training in a programme for which the plan applies. (f) The Media Independent Practitioner Association of Nigeria
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(MIPAN)
(g) The Experiential Marketers Association of Nigeria (EXMAN)
(h) The Central Bank of Nigeria (CBN)
(i) The National Broadcasting Commission (NBC)
(j) The National Council for Women Socie of Nigeria (NCWSN)
(k) The National Insurance Commission (NAICOM)
(l) The Federal Competition and Consumer Protection Council
(FCCPC)
(m)The Nigerian Communications Commission (NCC)
(n) The National Agency for Food and Drug Administration and
Control (NAFDAC)
(o) The Standards Organisation of Nigeria (SON)
(p) The Securi and Exchange Commission (SEC)
(q) The National Lo ery Regulatory Commission (NLRC)
(r) The Nigeria Press Council (NPC)
(s) Any other agency of government or sectorial group with
responsibili for advertising.
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