By Princewill Ekwujuru

The January 1, 2013 take-off of the Nigerian advertising industry reform embarked upon by the Advertising Practitioners Council of Nigeria (APCON), regulators of the advertising industry is a step at the right time.

The reform is beginning to take its toll on the industry as players who fall on the wrong side of the new reform guideline are alleging foul play.

Just in its first quarter, the new regime is beginning to witness some  interesting developments . For example, agencies that have been playing in  the league alone are now beginning to retrace their steps by joining the umbrella  body of creative agencies; the Association of Advertising Agencies of Nigeria (AAAN), as well reconstruction and restructuring of the sectoral bodies, local and foreign relationships and advertisers are now planning to have their  creatives shot within the country as stated by the new guideline.

Since the kick-off of the new regime, focal view has been on the local content clause and how APCON would ensure its strict compliance. Local content guideline has been identified as one area the regulatory authority could exploit to generate revenue and also to ensure the development of local infrastructure as  witnessed in other countries like South Africa,  Brazil, India,  Europe and America.

However, stakeholders are concerned about a part of the reform that discusses entry of foreign agencies into the Nigerian marketing communications landscape. While the reform proponents  argue that the reform will ensure adequate growth of the Nigerian advertising industry, critics of the reform are quick to point out sore areas like participation of foreign agencies in the market.

In September 2012, the Governing Council of APCON, at its 132nd session, approved the industry proclamation, which is aimed at improving the standards and ethics of the advertising practice and business.

According to the Registrar/Chief Executive Officer of APCON, Alhaji Garba Kankarofi, the new guidelines require, among other things, that from January 1, 2013, any organisation that engages in advertising will have to obtain a corporate licence from APCON.

On the entry of foreign firms, the new APCON law was not evasive, but welcomed foreign practitioners to the profession in Nigeria, but noted that such practitioners shall be certified and licensed by APCON.

In addition to the above the membership committee of APCON, had posited that foreign practitioners must show evidence of his work permit, obtained from relevant agencies like the Nigerian Immigration Service (NIS), relevant visa, which is the global practice.

Beyond this, the practitioner should obtain a letter of attestation from the organisation intending to employ him or her; and the genuineness of the offer will also be accertained.

APCON would also check the remuneration package and conditions as comparable to those offered to Nigerians of the same status and position.

According to a senior council official of APCON, this is another area we can check indiscriminate use of Nigerians as slaves while the foreign counterparts are treated like kings.

Other highlights of the advertising industry reform are that each agency/organisation should have its area of specialisation defined and this shall be the basis and scope of the license granted to such agency/organisation. Media independence agencies will be granted license for media planning and buying only.

Outdoor agencies will be granted licence to own and manage outdoor sites while full agencies will be granted licence for media planning and buying, creative and brand management. gLicensed agency must operate within the scope of the licence granted to such organisation,h said Willy Nnorom, Chairman-Industry Reform Committee.

According to Nnorom, where a firm decides to operate outside its licensed area of specialisation, the concerned agency shall be required to set up a new firm and register the new firm, that is, if an advertising agency must set up a new outdoor agency and obtain an outdoor business license from APCON to legally practice the outdoor business.