The Nigerian Communications Commission has introduced new guidelines requiring MTN, Airtel, Glo, and other Mobile Network Operators to obtain the commission’s approval before running advertising campaigns.
These guidelines aim to regulate the conduct of promotional activities by MNOs in Nigeria.
Under the 15-page document, MNOs must submit a written request to the NCC for approval of any promotional advertisements at least 30 working days prior to their proposed publication.
The NCC will review the application to ensure it meets the minimum standards and requirements.
According to the NCC, an advertisement is defined as any message controlled directly or indirectly by the advertiser, expressed in any language and medium, with the intent to influence consumers’ choice, opinion, or behavior.
Citing its regulatory powers conferred by the Nigerian Communications Act, 2003, the NCC created these guidelines to establish minimum requirements and standards for promotional advertisements by licensed communications operators.
The NCC also requires that all approved advertisements be registered with the Federal Competition and Consumer Protection Commission within three days of their launch.
The guidelines include various requirements, such as providing a detailed report identifying the products/services and target audience, using reliable and competent research data, adhering to quality standards, and ensuring clear communication of prices without hidden or unrealistic adjustments.
The NCC said; “Advertising with complicated price structures and information shall not only appear in transient types of media such as radio and television but shall be accompanied by detailed print media explanations, and on the licensee’s website.“
The NCC has the right to reject applications and will communicate the reasons within 14 days.
Licensees must remedy the situation if possible, as specified by the NCC.
The commission also reserves the right to revoke approvals for various reasons, including network congestion, service performance, customer complaints, misrepresentation, and deviation from submitted applications.
Licensees must ensure their network can handle the traffic from promotions and that the approved tariffs are not exceeded.
They must specify the duration, redemption dates, and avoid misrepresenting their ability to provide goods and services as presented.
While there is an avenue for appeal, non-compliance with these guidelines will result in sanctions according to the Nigerian Communications (Enforcement Process) Regulations, 2019.
The NCC can suspend licensees from participating in further promotional activities based on specified terms and conditions.
