ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT, 2022

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LAWS OF THE FEDERATION OF NIGERIA

ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT, 2022

ARRANGEMENT OF SECTIONS

PART I—ESTABLISHMENT OF THE ADVERTISING REGULATORY COUNCIL OF NIGERIA (ARCON)

1.       Establishment of the Council.

2.       Objectives of the Act.

PART II—ESTABLISHMENT OF THE GOVERNING COUNCIL

3.       Establishment of the Governing Council

4.       Tenure of members of the Governing Council

5.       Cessation of membership

6.       Meetings of the Governing Council

7.       Allowances of members of the Governing Council

PART III—FUNCTIONS OF THE COUNCIL

8.       Functions of the Council

9.       Powers of the Council

10.     Power to bestow honorary fellowship

PART IV—STAFF OF THE COUNCIL

11.     Staff of the Council

12.     Other staff of the Council

13.     Staff pension

PART V—LEGAL PROCEEDINGS

14.     Pre-action notice.

PART VI—FINANCIAL PROVISIONS

15.     Council Fund and the Research and Development Fund

16.     Expenditure of the Council

17.     Gifts to the Council

18.     Power to borrow

19.     Annual estimates and expenditure

20.     Annual report

PART VII—REGISTRATION OF PERSONS AND ORGANISATIONS ENGAGING IN ADVERTISING, ADVERTISEMENT AND MARKETING COMMUNICATIONS

21.     Registration of person.

22.     Preparation and maintenance of register.

23.     Publication of register and lists of correction.

24.     Division of register.

25.     Registration.

PART VIII—REGULATORY STANDARD AND ENVIRONMENT

26.     Setting regulatory standards.

PART IX — TRAINING

27.     Approval of courses.

28.     Supervision of institution and examination leading to qualification.

29.     Power of the Council to consider matters relating to training.

PART X — PRIVILEGES OF REGISTERED PERSONS AND OFFENCES BY UNREGISTERED PERSONS

30.     Certificate invalid if given by unregistered person.

31.     Appointment not to be held by unregistered person.

32.     Prohibition of a person falsely professing to be an advertising practitioner or professional.

33.     Recovery of fees.

34.     Offences.

35.     Prosecution of offences.

36.     Trial of offences.

PART XI—ESTABLISHMENT OF THE ADVERTISING OFFENCES TRIBUNAL

37.     Establishment of the Advertising Offences Tribunal.

38.     Composition of the Tribunal.

39.     Tenure of the Chairman of the Tribunal.

40.     Qualification of members of the Tribunal.

41.     Resignation by a member of the Tribunal.

42.     Vacancy in the composition of the Tribunal.

43.     Jurisdiction of the Tribunal.

44.     Rules and procedure of the Tribunal.

45.     Power to issue search warrant.

46.     Application of Administration of Criminal Justice Act or Code.

47.     Appeal against the decision or judgment of the Tribunal.

48.     Management and assignment of cases.

49.     Remuneration of the Chairman and other members of the Tribunal.

PART XII—DISCIPLINARY COMMITTEE AND INVESTIGATING PANEL

50.     Establishment of the Disciplinary Committee

51.     Establishment of the Investigating Panel.

52.     Alternative dispute resolution.

53.     Establishment of Advertising Standards Panel.

54.     Financial penalty for unauthorised publication or exposure of advertisement without approval.

55.     Advertising licensee.

56.     Appeal to the Federal High Court.

PART XIII—MISCELLANEOUS PROVISIONS

57.     Penalties.

58.     Application and relevance of other laws not barred.

59.     Power of Minister to make regulations.

60.     Offices and premises of the Council.

61.     Regulations.

62.     Repeal, savings and transitional provisions.

63.     Interpretation.

64.     Citation.

SCHEDULE

ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT, 2022 ACT No. 23

An Act to Repeal The Advertising Practitioners (Registration, Etc.) Act, Cap. A7, Laws of the Federation Of Nigeria, 2004 and enact the Advertising Regulatory Council Of Nigeria Act, 2022 to establish a Council For Advertising, Advertisements And Marketing Communications as the apex regulatory authority for the Nigerian advertising industry, make provisions for the regulation and control of advertising, ensure the protection of the general public and consumers, promote local content and entrench the best international practices; and for related matters.

[Commencement.]            [27th Day of June, 2022]

ENACTED by the National Assembly of the Federal Republic of Nigeria—

PART I—ESTABLISHMENT OF THE ADVERTISING REGULATORY COUNCIL OF NIGERIA (ARCON)

1.       Establishment of the Council.

(1)     There is established the Advertising Regulatory Council of Nigeria (in this Act referred to as “the Council”).

(2)     The Council shall —

(a)     be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name;

(b)     acquire, hold, mortgage, purchase and deal with property, whether movable or immovable, real or personal;

(c)     administer and execute its functions, powers, duties and responsibilities in accordance with this Act; and

(d)     notwithstanding the provisions in any other Act, have exclusive power to determine, pronounce upon, administer, monitor and enforce compliance by persons and organisations on matters relating to advertisements, advertising, and marketing communication in Nigeria, whether of a general or specific nature.

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