The Advertising Regulatory Council of Nigeria (ARCON) refused to grant Tracka, a civil society organisation that tracks government projects, approval to air its jingle on radio stations because it included the phrase, “holding the government accountable”.

According to ARCON, the phrase contravened Article 22 of the Nigerian Code of Advertising, but lawyers who spoke with EQ thought otherwise.

RCON was established to promote responsible and ethical advertising practices, act as the conscience of society in matters of commercial communications and as a watchdog for consumers while also managing the needs and interests of stakeholders in Nigeria’s advertising industry.

It has stood as Nigeria’s advertising regulatory body for years, and organisations that wish to air jingles on radio stations for advertisement are mandated to write ARCON for approval before such jingles go on air.

EQ learnt that Tracka heeded this guideline, but Nigeria’s apex advertisement regulatory body refused to grant Tracka approval to broadcast its jingle.

For 10 years, Tracka has held the government to account by tracking public projects. To celebrate its tenth anniversary, the organisation presented the Active Citizens Festival. In preparation, Tracka resolved to air a jingle on a radio station. But ARCON disapproved of it.

Ayomide Ladipo, the head of Tracka, told EQ that ARCON disapproved the organisation’s jingle because a line in their jingle read: “Holding the government accountable”.

“We were supposed to get approval from ARCON before we aired a jingle on the radio station. We went through the process and submitted the jingle on Monday,” Ladipo told EQ on Thursday.

“On Wednesday, they said that the application had not been approved because a line in the jingle contravened Article 22 of the Nigerian Code of Advertising. They quoted the line from the jingle, which read “while holding the government accountable” and said it contravened Article 22 of the Nigerian Code of Advertising.”

Article 22 of the Nigerian Code of Advertising

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Article 22 of the Nigerian Code of Advertising reads:

Advertisements shall not contain any description, claim or illustration which, directly or by implication, convey an erroneous or misleading impression about the product or service advertised or about its suitability for the purpose recommended.

On Thursday, EQ called ARCON via the phone number on its website to interprete the cited article and explain how holding the government accountable contravened it.

The staff who responded to EQ’s call directed EQ to Barristers Chukwudi and Gemmo, two members of ARCON’s legal team.

When EQ called Barrister Chukwudi on Thursday, he didn’t respond. EQ also called Barrister Gemmo and sent her a message on WhatsApp, but she didn’t respond until Saturday.

On Saturday, Gemmo told EQ to send the jingle from Tracka and asked EQ to give her until Monday to respond.

‘ARCON’S REVIEW IS BASELESS’ — LEGAL EXPERTS

EQ spoke to two lawyers to interprete Article 22 of the Nigerian Code of Advertising and explain how “holding the government accountable” contravenes it.

The lawyers told EQ that ARCON’s review is baseless and that the phrase, “holding the government accountable”, does not contravene Article 22 of the Nigerian Code of Advertising as ARCON claimed.

Collins Marshall, a lawyer, told EQ that holding the government accountable is required in a healthy democratic setting and does not contravene the cited article of the Nigerian Code of Advertising.

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“There is the need to regulate the advertising space in Nigeria due to several factors, including the need to curb unvetted content and develop a robust regulatory framework for advertising in Nigeria,” Marshall told EQ on Saturday.

“However, these needs and the regulations and laws pursuant thereto, no matter how dire and or beautifully designed, should not be inconsistent with the constitution’s provision by stifling rights to freedom to disseminate opinions and information freely. It should not also be a tool of oppression.

“That being stated, the above line does not contravene the above-cited article or provision of law. In fact, the line is a requirement in a healthy democratic setting.”

Marshall was not the only lawyer with these views.

Abimbola Ojenike, Managing Partner at Slingstone LP, also agrees with Marshall that Tracka’s claim of holding the government accountable does not violate Article 22 of the Nigerian Code of Advertising as ARCON had claimed.

“There is nothing in Tracka’s stated claim ‘holding the government accountable’ that violates article 22 of the Nigerian Code of Advertising,” Ojenike told EQ on Sunday.

“ARCON’s denial of approval would presume, without basis, that Tracka’s claim of holding the government accountable gives an erroneous or misleading impression about its fitness to hold the government accountable.”

Ojenike tagged ARCON’s review as baseless.

He also told EQ that ARCON’s interpretation must be challenged as it was a form of bigotry, unfairness and arbitrariness that showed nothing but bias toward the government.

“ARCON must not be allowed to become a firewall against any public communication expressing the intention or action of ‘holding the government accountable’. The government — and ARCON itself — can be held accountable, and that is the primary objective of organisations like Tracka,” Ojenike added.

Although Tracka is displeased with ARCON’s decision, it has chosen to modify its jingle in order to move on.

“We will remove the phrase since they said it is problematic, so it can fly. We have paid a radio station already,” Ladipo told EQ.
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