By Adetola Odusote
The ongoing controversy over who controls outdoor advertising in Lagos, and the wider debate on ARCON’s encroachment into public relations practice, is largely a product of regulatory gaps that were not addressed early enough. If all relevant stakeholders had intervened during the legislative process, the current tension could have been avoided.
The Advertising Regulatory Council of Nigeria (ARCON) is, by law, empowered to regulate advertising, advertising practitioners, and all marketing communications content nationwide. However, with the enactment of the ARCON Act 2022, the Council assumed responsibility for supervising all content across the integrated marketing communications (IMC) spectrum: advertising, public relations, and marketing. This broad mandate has created overlapping regulatory boundaries and friction with other statutory professional bodies.
Where ARCON Missed It
Upon passage of the ARCON Act in 2022, the ARCON leadership should have initiated extensive stakeholder engagement and advocacy. This would have helped identify and resolve conflicts between the new Act and other existing legal frameworks guiding related professions, including the Nigerian Institute of Public Relations (NIPR) and the National Institute of Marketing of Nigeria (NIMN).
More importantly, ARCON must recognize that land use, outdoor structures, and commercial signage fall under the constitutional authority of state and local governments through the Land Use Act. This already gives sub-national governments jurisdiction over outdoor advertising structures and associated revenue.
PR Is Not Advertising – And Must Not Be Regulated as Such
The most troubling fallout from the Act is the perceived encroachment into public relations practice. Public relations is fundamentally a profession of reputation management, strategic communication, stakeholder engagement, issues management, and goodwill building. It does not involve direct call-to-action messaging, which is the hallmark of advertising.
While PR and advertising complement each other, they are fundamentally different disciplines. Unfortunately, by defining “marketing communications” too broadly, the ARCON Act has placed PR, advertising, and marketing under a single regulatory umbrella; this is, despite their distinct functions.
Where the Industry Also Failed
It is important to admit that part of this challenge stems from insufficient industry response during the legislative process. The ARCON Bill went through the National Assembly, including a public hearing, without significant intervention from NIPR, NIMN, or practitioners who would ultimately be affected.
Since the Act is already law, the only remedy is either:
- collaborative regulatory realignment, or
- a formal amendment effort led by NIPR and supported by industry associations.
Constructive Path Forward
ARCON must now take the lead in rebuilding trust and clarifying its regulatory boundaries. The Council should work collaboratively with NIPR, PRCAN, media practitioners, and state/local governments to agree on what falls within Advertising Standards Panel (ASP) oversight.
Non-advertising PR materials, especially goodwill messages or corporate statements that do not solicit consumer action, should not be subjected to ARCON vetting or fees.
Recommended Multi-Stakeholder Solutions
ARCON should convene a policy roundtable to:
- Harmonize regulatory roles between federal and state actors
- Prevent double taxation in outdoor advertising
- Reduce confusion arising from overlapping jurisdictions
- Strengthen public confidence in regulatory processes
Where ARCON Should Focus Its Energy
To strengthen Nigeria’s marketing communications industry, ARCON should channel its resources into:
- Combating advertising malpractice
- Enhancing professionalism and standards in advertising agencies
- Protecting consumers from deceptive messages
- Supporting capacity development across the advertising industry
- Conducting nationwide educational outreach for practitioners
Adetola Odusote is a marketing communications technocrat and a Partner at CMC Connect LLP, exclusive affiliate of Burson, a global communications and PR consultancy firm headquartered in New York.
