Advertising tribunal will protect consumers, businesses – Stakeholders

Stakeholders in the advertising and legal practices yesterday described the new Advertising Offences Tribunal (AOT) as a veritable instrument to protect consumers and legitimate businesses against fraudulent advertisements. They spoke yesterday during the town hall meeting on the “Nigerian Advertising Law: The Role of the AOT” organised by the Advertising Regulatory Council of Nigeria (ARCON) […]

Stakeholders in the advertising and legal practices yesterday described the new Advertising Offences Tribunal (AOT) as a veritable instrument to protect consumers and legitimate businesses against fraudulent advertisements.

They spoke yesterday during the town hall meeting on the “Nigerian Advertising Law: The Role of the AOT” organised by the Advertising Regulatory Council of Nigeria (ARCON) in conjunction with the NBA Lawyers in the Media.

Daily Trust reports that the tribunal was established under the ARCON Act of 2022 to handle and adjudicate on advertising-related offences.

Since its establishment, many firms have been charged for contravening various sections of the advertising law.  

Chairman, Advertising Offences Tribunal, Justice Cecilia Olatoregun at yesterday’s forum said the AOT transited Nigerian advertising regulations from soft compliance to active enforcement of advertising laws. According to her, ARCON empowered by Sections 4 and 7 of the ARCON Act had already shown a more aggressive enforcement posture beyond playing an advisory role. She stated that the AOT has its practice direction issued under the ARCON Act which “serves as the procedural backbone of tribunal proceedings.” “It is explicit, it is aligned with the Evidence Act and the ACJA (Administration of Criminal Justice Act). The direction covers initiation of proceedings, defendants’ appearance, prosecution case presentation, defence rights and cross-examination, among others, she said.

 

Keynote Speaker, Mr. Akinlolu Kehinde, a Senior Advocate of Nigeria represented by Leke Kehinde explained that the AOT is necessary especially in a digital age where a single misleading post can reach millions while misinformation can cause danger in the society.

 

He stated that the advertising space is awash with several misleading health products and fraudulent investment schemes and harmful contents which are difficult to checkmate with the traditional thought processes.

 

He described the Tribunal’s powers as robust, saying it can impose fines for violations; Issue search warrants to gather evidence; Compel attendance and testimony; and Impose custodial sentences.

 

“Importantly, appeals from the AOT go directly to the Court of Appeal, bypassing lower courts. This accelerated appellate pathway reflects the technical nature of advertising disputes and the need for speed in a fast-moving market.

 

“Since its inauguration in May 2023, the AOT has handled over 300 cases, marking a new era in advertising enforcement. These cases span false advertising, unlicensed practice, failure to vet adverts, misleading health claims, and digital platform violations,” he said.

 

President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe represented by the Second Vice-President of the NBA said the NBA was poised to assist their learned colleagues in the media to operate within the ambit of the law in practicing advertising.

 

Director-General of ARCON, Dr. Olalekan Fadolapo stated that advertising is so important that it has to be well regulated.  

 

According to him, the law requires that before anyone can practise advertising, the person must be certified.

 

He reiterated that ARCON doesn’t vet advertising but the messages contained in the advertising.