An Analysis of the Legal Framework for Regulating Advertising in Nigeria Under the APCON Act

The Advertising Regulatory Council of Nigeria, established under the Advertising Practitioners Council of Nigeria Act, is responsible for regulating advertising standards, content, and practice in Nigeria, yet the effectiveness of this regulatory framework in addressing misleading, deceptive, and harmful advertising practices, including digital and social media advertising, has been questioned. This study analyses the APCON Act, relevant provisions of the Federal Competition and Consumer Protection Act, NAFDAC advertising regulations, and the National Broadcasting Commission guidelines to assess the comprehensiveness of advertising regulation in Nigeria. Field interviews were conducted with 20 advertising practitioners and 15 consumer rights advocates in Lagos State. Results indicate that the APCON framework was designed for traditional media and lacks specific provisions for influencer marketing, native advertising, and targeted digital advertising. APCON enforcement was found to be reactive rather than proactive, with most action triggered by competitor complaints rather than regulatory monitoring. Financial penalties are insufficiently deterrent. The study concludes that Nigeria's advertising regulatory framework is outdated relative to the current media environment and recommends a comprehensive Digital Advertising Regulation Act, mandatory disclosure standards for influencer marketing, and increased APCON institutional capacity for digital media monitoring.

Keywords: advertising regulation, APCON, misleading advertising, digital advertising, consumer protection