Advertising and Marketing 2024 Comparisons

The primary laws and regulations that govern advertising practices in Nigeria are:

• the Nigerian Code of Advertising Practice, Sales Promotion and Other Rights/Restrictions on Practice (the “Advertising Code”) 5th Edition;
• the Advertising Regulatory Council of Nigeria Act 2022 (the “ARCON Act”);
• the Federal Competition and Consumer Protection Act 2018 (FCCPA); and
• the Standards Organisation of Nigeria Act 2015 (the “SON Act”).

The regulatory authorities charged with enforcing the laws and regulations governing advertising practices in Nigeria are:

• Advertising Regulatory Council of Nigeria (ARCON) (formerly the Advertising Practitioners Council of Nigeria (APCON));
• the Federal Competition and Consumer Protection Commission (FCCPC); and
• the Standards Organisation of Nigeria (SON).

The following can be held liable for deceptive advertising:

• persons who contravene the provisions of the available statutes on advertising regulations;
• persons who publish adverts without first seeking approval of ARCON’s Advertising Standards Panel (ASP); and
• persons who publish adverts other than that which was approved by the ASP.

Section 0.7 of the preamble to the Advertising Code provides that an “advertisement is a communication in the media, paid for by an identified sponsor and directed at a target audience, with the aim of imparting correct information about a product, service, idea or opinion”.

All adverts must be pre-approved by the ASP before they can be published. Furthermore, adverts concerning medicines and other pharmaceuticals must be pre-approved – and must conform to the regulations provided – by the National Agency for Food and Drugs Administration and Control (NAFDAC).

Article 10 of the Advertising Code (dealing with copyrights) provides that “advertisements shall not contain any item [that] is in breach of Nigerian and international copyright laws, [n]or omit anything which the laws on intellectual property require”. Furthermore, Article 11 of the Advertising Code(dealing with privacy) provides: “The right of individuals to privacy shall be respected. Pictures, names, identity, and properties of individuals shall not be used in a manner that suggests their personal endorsement without prior consent.”

Self-regulatory industry associations include the Advertisers Association of Nigeria (“ADVAN”), the Association of Advertising Agencies of Nigeria (AAAN), and the Media Independent Practitioners Association of Nigeria (MIPAN). These associations play significant roles in promoting best practices and ethical standards in advertising while also contributing to the development of professional guidelines and the promotion of self-discipline within the industry. However, they are not regulatory authorities and have no legal mandate to enforce regulations in the manner that ARCON does.

These associations, in collaboration with ARCON, often help their members to self-regulate by adhering to industry standards. However, ARCON ultimately holds the authority to enforce compliance through legal mechanisms.

The private right of action to challenge advertising practices by consumers is by way of filing complaints to ARCON, NAFDAC or the FCCPC and commencing civil action against the advertiser if the cause of action is litigable (such as in a case of defamation).

Misleading Claims in Herbal and Miracle Cures

Many herbal product sellers in Nigeria have faced regulatory action for making unsubstantiated health claims. By way of example, herbal medicine ads that promise – without scientific backing – to cure serious ailments such cancer, HIV/AIDS or diabetes have been flagged as deceptive. These ads often prey on vulnerable populations by claiming unrealistic results. ARCON, in collaboration with NAFDAC, has cracked down on such advertisements (especially on TV and radio).

Food and Beverage Misrepresentation

Some food and beverage companies have faced complaints for making exaggerated claims about the nutritional or health benefits of their products. By way of example, a popular instant noodles brand in Nigeria once faced backlash for claiming that their product could enhance brain function in children without scientific proof to support such a claim. Similarly, some fruit juice brands have been accused of advertising as “100% natural” when they contain preservatives and additives, thereby misleading consumers into thinking they are purchasing a healthier option.

There are no specific taste and cultural concerns that advertisers should keep in mind in Nigeria. However, the preamble to the Advertising Code emphasises the need to recognise and develop a policy promoting the development of cultural integrity, local content, and the use of indigenous skills as an important element in advertising services offered in Nigeria and/or directed at the Nigerian market.

In recent years, Nigeria has undergone significant political and regulatory changes that have impacted advertising practices, as follows.

• Establishment of ARCON (2022) – ARCON was created to replace APCON. This transition expanded regulatory oversight to cover digital media and online advertisements, ensuring comprehensive control over advertising content.
• Legal actions against unapproved advertisements (2023) – ARCON initiated an NGN30 billion lawsuit against Meta Platforms Inc for unauthorised advertisements targeting the Nigerian market. Although the Federal High Court in Abuja dismissed the case in July 2023, it underscored ARCON’s commitment to enforcing advertising regulations.
• Ban on foreign models and voice-over artists (2022 – ARCON implemented a policy prohibiting the use of foreign models and voice-over artists in advertisements aimed at Nigerian audiences. This move aims to promote local talent and preserve indigenous content within the advertising industry.

These developments reflect Nigeria’s evolving political landscape and the country’s efforts to strengthen the regulation and enforcement of advertising standards.

Nigerian advertising law does not expressly provide standards for determining whether advertising claims are deceptive or misleading. However, the preamble to the Advertising Code provides general principles of advertising and provides further under Section 0.6 that all advertisements in Nigeria or directed at the Nigerian market must be legal, decent, honest, truthful, respectful, and mindful of Nigeria’s culture, constitutional tenets and relevant lawful enactments. Advertisements must be prepared with a high sense of social responsibility and must avoid misinformation or disinformation.

Naturally, where any advert is found not to comply with the foregoing – particularly with regard to misrepresenting facts – such advert will be considered as deceptive or misleading.

All advertising claims are subject to regulation in Nigeria. The key legal principles guiding advertising in Nigeria are truthfulness and honesty, awareness of social responsibility towards consumers, and the ability to substantiate claims by producing evidence of same.

In terms of sector-specific oversight, NAFDAC ensures that all claims related to health, drugs, and food are scientifically substantiated.

ARCON has powers to investigate, enforce compliance, and impose penalties (including fines, withdrawal of advertisements, or prosecution).

The level and type of substantiation required to support advertising claims in Nigeria generally depends on the type of claim, as follows.

• Express claims – these are explicit statements made in advertisements. In Nigeria, all express claims must be truthful, substantiated, and not misleading. By way of example, stating that a product “cures malaria” would require scientific evidence or approval from the relevant regulatory body (such as NAFDAC).
• Implied claims – these are claims suggested indirectly, either through wording, imagery or context. Nigerian regulations similarly require that implied claims be substantiated with empirical evidence, especially where the average consumer would reasonably interpret them as factual.
• Puffery – subjective claims (eg, “the best coffee in Nigeria” or “unbeatable taste”) are generally considered puffery and do not require substantiation, provided they cannot mislead the consumer or be interpreted as factual.
• Opinion statements – claims that are clearly presented as personal opinions or hyperbole typically fall outside strict regulatory requirements unless they can be interpreted as factual representations.

Where an implied claim can reasonably be interpreted as factual, empirical evidence is required. By way of example, “proven to lower cholesterol” would necessitate clinical studies or reliable scientific research.

Evidence must be credible, verifiable, and relevant. Testimonials, anecdotal evidence, or unverified surveys are generally insufficient.

The use of product demonstrations in advertising requires a level of knowledge and skill, determined through empirical testing and proof. Article 23 of the Advertising Code stipulates: “Any description, claim, or illustration made in any advertisement shall be subject to empirical proof or capable of substantiation. Such proof or substantiation shall be available so that evidence can be produced without delay and upon request to the [ASP].”

The use of endorsements and testimonials in advertising requires a level of knowledge and skill, determined through empirical testing and proof. The same Article 23 of the Advertising Code mentioned in 2.4 Product Demonstrations also stipulates that “testimonials or endorsements made in any advertisement shall be subject to proof”.

The general rules governing advertising practice in Nigeria prescribe truthfulness and honesty as among the basic principles that must be abided by. In the same vein, advertisements must make full disclosure to consumers.

Article 30 of the Advertising Code states that “advertisements indicating the cost of or charges for products or services shall disclose all information relating to the cost of or charges for the products or services in such a manner that consumers will not be required to incur extra costs or charges for the products or services”. Article 80(b)(ii) of the Advertising Code also provides that identifiable personal information about children should be disclosed to third parties only after obtaining parental consent or where authorised by law, while Article 87(c) of the Advertising Code provides that employment agencies must make the fact that they are in the business of employment clear in advertising communications.

In Nigeria, regulations against stereotyping in advertising are primarily provided under the following laws and guidelines.

• The ARCON Act – this law mandates that all advertisements must uphold decency, dignity, and respect for all persons and thus prohibits content that perpetuates harmful stereotypes based on gender, race, ethnicity or religion.
• The Advertising Code – this code, enforced by ARCON, specifically prohibits advertisements that exploit, demean or reinforce negative stereotypes and thus ensures representations are accurate and socially responsible.
• The National Broadcasting Commission (NBC) Code – for broadcast media, the NBC Code requires that content (including advertisements) must avoid discriminatory or stereotypical portrayals that could harm social harmony.
• The Constitution of the Federal Republic of Nigeria 1999 (as amended) (the “Nigerian Constitution”) – Section 42 of the Nigerian Constitution prohibits discrimination on the basis of ethnicity, gender, religion, or social status and thereby provides a broad legal foundation that influences advertising standards against stereotyping.

In Nigeria, environmental claims in advertisements (ie, greenwashing) are regulated under the following laws and guidelines.

• The ARCON Act – this law mandates that all advertising claims (including environmental claims) must be truthful, substantiated, and not misleading. False or exaggerated environmental claims (greenwashing) are prohibited.
• The Advertising Code – this code requires that environmental claims be supported by verifiable evidence. Advertisements must not make broad, unqualified claims (eg, “eco-friendly” or “green”) without clear substantiation.
• Federal Environmental Protection Agency (FEPA) Act (Chapter F10, Laws of the Federation of Nigeria (LFN) 2004) – while primarily addressing environmental protection, the FEPA Act influences advertising by promoting accurate representation of environmental impacts in commercial activities.
• The FCCPC Consumer Protection Framework – the FCCPC’s framework prohibits misleading information in marketing practices, including claims related to a product’s environmental benefits or sustainability features.

In terms of recent cases or guidance, the regulation of environmental claims in Nigerian advertising has gained prominence due to concerns about greenwashing – ie, the practice of conveying misleading information about the environmental impact of products or services. Although specific legal cases within Nigeria are limited, the following recent developments highlight the increasing scrutiny and guidance on this issue.

• Regulatory guidance and industry awareness – in its advisory of January 2025, SGS Nigeria emphasised the importance of accurate green marketing and warned that unsubstantiated environmental claims could lead to significant penalties, negative publicity, and reputational damage. SGS Nigeria highlighted instances where companies faced substantial fines for deceptive environmental claims, underscoring the necessity for verifiable and transparent marketing practices.
• Judicial precedents – in its October 2024 ruling in Alame & Others v Shell PLC, the court of appeal allowed a landmark appeal by Nigerian communities alleging environmental degradation due to oil pollution by Shell’s Nigerian subsidiary. This ruling overturned a previous High Court decision, thereby facilitating the progression of environmental claims to full trials and setting a significant precedent for future environmental litigation in Nigeria.
• Industry discussions on greenwashing – discussions have emerged regarding the challenges of greenwashing in Nigeria, particularly within industries such as oil and gas. An article for World PR Day in July 2024 highlighted the necessity for authentic and transparent sustainability communications to avoid misleading consumers and potential legal repercussions.

Although there are no specific laws explicitly addressing “dark patterns” (ie, deceptive design practices that manipulate users into unintended actions), existing consumer protection regulation encompasses provisions that guard against such misleading practices, as follows.

• The FCCPA – this law serves as the primary legislation safeguarding consumer rights in Nigeria. It prohibits unfair, misleading and deceptive practices in all business transactions. Specifically, Section 123 of the FCCPA addresses unfair trade practices, which can encompass the use of dark patterns. This provision implies that any design or marketing strategy intending to mislead consumers could be deemed a violation of the FCCPA.
• The Central Bank of Nigeria (CBN)’s Consumer Protection Regulations 2019 – the CBN’s regulations mandate that financial institutions treat consumers equitably and refrain from practices that could be considered deceptive or manipulative. Section 3.2.1 emphasises: “Treat consumers with courtesy and respect and [do] not engage in practices such as threats, intimidation, use of abusive or offensive language, humiliation, misrepresentation, deception or unfair inducements.” While not explicitly mentioning dark patterns, this regulation underscores the prohibition of deceptive practices, which can be interpreted to include manipulative design elements.
• The Nigerian Communications Commission (NCC)’s Nigerian Communications (Consumer Code of Practice) Regulations 2024 (the “NCC Consumer Code of Practice”) – the NCC Consumer Code of Practice requires service providers to ensure that all information provided to consumers is clear, “complete, accurate, and not misleading”. This provision implies that any interface design or communication that confuses or deceives consumers could be considered a breach of the NCC Consumer Code of Practice.

Data Protection Considerations

The Nigeria Data Protection Regulation (NDPR) emphasises the need for informed consent in data processing activities. Dark patterns that manipulate users into consenting to data collection without clear understanding may violate data protection principles. Recent enforcement actions, such as the fine imposed on Fidelity Bank by the Nigeria Data Protection Commission (NDPC) for data privacy violations, highlight the regulatory focus on ensuring transparent and fair data practices.

Industry Discussions and Emerging Awareness

Although specific legal cases concerning dark patterns in Nigeria are limited, industry discussions have begun to address the ethical implications of deceptive design practices. By way of example, analyses have explored the fine line between aggressive marketing strategies and deceptive designs, emphasising the need for businesses to adopt transparent and user-centric approaches.

In summary, even though Nigeria lacks legislation explicitly targeting dark patterns, existing consumer protection laws and regulations provide a framework that prohibits deceptive and manipulative practices in advertising and digital interfaces. Businesses operating within Nigeria are advised to ensure that their design and marketing practices align with the principles of transparency, fairness, and respect for consumer autonomy, so as to remain compliant with these regulations.

Nigeria has special laws regulating advertising targeted at children. The key laws and guidance include:

• the ARCON Act – prohibits advertisements that exploit the inexperience or credulity of children and restricts the use of misleading or exaggerated claims that could misinform children;
• the Advertising Code – prohibits advertisements that encourage unsafe, unhealthy or unethical behaviour in children and requires that products targeted at children (eg, food, toys, and digital content) do not contain deceptive information;
• the National Broadcasting Commission (NBC) Code – limits advertising during children’s programming to avoid excessive commercial influence and prohibits advertisements for harmful products (eg, alcohol, tobacco) from being directed at children; and
• the FCCPA – bans unfair marketing practices that take advantage of children’s vulnerability.

These rules aim to protect children from misleading, harmful or exploitative advertising while promoting ethical marketing practices.

Nigeria has rules related to sponsor identification and branded content to ensure transparency and protect consumers from misleading advertisements. The key rules are as follows.

• The ARCON Act requires that:
1. sponsorship of advertisements is clearly disclosed to avoid misleading the audience; and
2. branded content clearly indicates any commercial relationships influencing the content, especially in influencer marketing and digital media;
• The Advertising Code requires that:
1. sponsored content is distinguishable from editorial content; and
2. any paid endorsements or partnerships are clearly identified to avoid deceptive marketing practices;
• The NBC Code provides that:
1. sponsorship of broadcast content must be explicitly acknowledged (typically at the beginning or end of the programme); and
2. covert advertising – where promotional content is presented as part of editorial or entertainment material without proper disclosure – is prohibited.
• The NCC Consumer Code of Practice requires sponsorships to be disclosed in digital and telecommunications-related branded content so as to ensure users are aware of any underlying commercial interests.

These rules are designed to ensure transparency in advertising, so consumers can easily distinguish between paid promotions and independent content

No other types of advertising claims are subject to specific rules or regulations in Nigeria.

In Nigeria, comparative advertising is permitted but subject to strict rules to ensure fair competition and prevent misleading claims. Key rules and restrictions include the following.

• The NCC Consumer Code of Practice (Section 23) provides that:
1. a licensee must ensure that advertising communication on its platform does not discredit, disparage or attack other competing products, services, advertisements or companies, or exaggerate the nature or importance of competitive differences of other platforms; and
2. a licensee must not imitate the slogans or illustrations of another advertiser in such a manner as to mislead the consumer as to the origin or object of the slogan or illustration.
• The ARCON Act provides that:
1. comparisons must be fair, truthful and verifiable;

1. advertisements must not disparage or unfairly denigrate competitors or their products; and
2. any comparative claims must be susbtantiated by objective evidence.
• The Advertising Code provides that:
1. comparisons must be based on objectively measurable features (eg, price, quality, performance);
2. the comparison should relate to products or services meeting the same needs or intended for the same purpose; and
3. no confusion should arise between the advertiser’s brand and that of competitors.
• The FCCPA prohibits:
1. misleading or deceptive conduct, including in comparative claims; and
2. false or unsubstantiated comparisons that could distort consumer choices.
• Sector-specific guidelines – in regulated sectors, additional rules may apply, requiring regulatory approval (eg, by the NCC in telecommunications or by NAFDAC for healthcare products) for certain comparative claims.

Issues such as trade mark infringement, defamation, and unfair competition can arise from improper comparative advertising.

The use of a competitor’s name, trade mark or packaging in comparative advertising is not banned outright in Nigeria – although it is heavily regulated. Article 20 of the Advertising Code provides that “[a]dvertisements for products and services shall not imitate the slogans or illustrations of another advertiser in such a manner as to mislead the consumers”.

In addition to the key restrictions on comparative advertising listed in 3.1 Specific Rules or Restrictions, the use of a competitor’s trade mark or packaging must be justifiable and not take unfair advantage of their goodwill.

Regulatory bodies such as ARCON and the NCC provide guidelines that emphasise fairness and ethical practices in this respect. The NCC’s Guidelines on Promotional Advertisements (2023) is an example of this.

In Nigeria, an advertiser can challenge a competitor’s claims through the following methods.

• Complaint to ARCON – an advertiser may file a complaint with ARCON for misleading or unfair advertising. ARCON can order the withdrawal, amendment or suspension of the offending advertisement and impose fines.
• Action under the FCCPA – the advertiser may lodge a complaint with the FCCPC for false or deceptive advertising. The FCCPC may then issue cease and desist orders, compel corrective advertising, issue fines, and damages for losses incurred.
• Civil litigation – the advertiser may also file a lawsuit in court for passing-off, defamation or unfair competition. Remedies the court may impose include injunctions, damages, and public apologies.
• Industry self-regulation – advertisers may use sector-specific bodies (eg, the NCC in the telecommunications sector) to challenge non-compliant advertising.

These mechanisms ensure fair competition and consumer protection in the advertising space.

There are no special rules in Nigeria with regard to ambush marketing.

In Nigeria, online and social media advertising is regulated to ensure transparency, truthfulness, and consumer protection. Key rules and regulations include the following.

• The ARCON Act – this law provides that digital advertisements must be truthful, not misleading, and clearly identifiable as advertising. The ARCON Act also requires influencer marketing to disclose paid partnerships and sponsorships (eg, by using the hashtags #ad and #sponsored).
• The Advertising Code – Section 0.5 of the preamble to the Advertising Code provides that “this [c]ode applies to the entire content of an advertisement whether physical or electronic, including words and numbers (spoken or written), visual presentations, mark, smells, music and sound effects or any representation of those in marks, signs or symbols”. The Advertising Code provides further that online promotions must comply with decency, honesty and fairness standards, prohibits deceptive clickbait, and requires clear terms and conditions for digital contests or promotions.
• The NDPR – this regulation regulates the collection and use of personal data in targeted advertising and requires informed consent before using personal data for marketing purposes.
• The FCCPA – this law bans false or deceptive digital marketing practices and requires full disclosure of material information, especially in e-commerce advertising.
• The NCC Consumer Code of Practice – this code requires telecommunications and digital service providers to ensure that online ads are clear, accurate, and not misleading.

In Nigeria, advertisers can be held liable for third-party content posted on their websites or social media channels if they:

• endorse, approve, or fail to remove content that is misleading, defamatory, or violates consumer protection laws;
• breach the ARCON Act, which holds advertisers responsible for ensuring all content associated with their brand complies with advertising standards;
• violate the NDPR if user-generated content leads to data privacy breaches; or
• fail to comply with the Cybercrimes (Prohibition, Prevention, etc) Act 2015, which prohibits false information and cyberbullying on digital platforms.

However, if the advertiser promptly removes unlawful content upon becoming aware of it, liability may be mitigated.

The same rules that apply to disclosures in other forms of advertising also apply to disclosures in social media advertisements.

Although there is no express prohibition of the use of any particular social media platform for advertisement purposes, the use of major social media platforms is subject to specific rules regulations aimed at ensuring responsible digital engagement, consumer protection, and national security, as follows.

• The NBC Code requires social media content related to broadcasting to adhere to ethical standards, avoiding hate speech, defamation, and misleading information.
• The NDPR regulates the collection, processing, and sharing of personal data on social media. It also requires user consent for targeted advertising and data-driven campaigns.
• The ARCON Act provides that:
1. influencer marketing and sponsored content on social media must include clear disclosure of paid partnerships (eg, by using the hashtags #ad and #sponsored); and
2. advertisements on social media must meet the same truthfulness and decency standards as traditional media.
• The Cybercrimes (Prohibition, Prevention, etc) Act 2015 criminalises the use of social media for fraud, cyberstalking, hate speech and spreading false information. Social media platforms may be required to take down unlawful content upon notification.
• The National Information Technology Development Agency (NITDA) Guidelines provides guidance for internet intermediaries, including on content moderation responsibilities and the protection of user rights on social media platforms.

There are no specific provisions concerning native advertising (ie, advertising that has the look and feel of editorial or entertainment content) under Nigerian advertising laws. However, in the absence of specific legislation in this regard, the general principles applicable to advertising in Nigeria should be applied to native advertising content. As mentioned in 2.11 Sponsor ID and Branded Content, the NBC Code prohibits the presentation of promotional content as part of editorial or entertainment material without proper disclosure.

There are no specific provisions concerning influencer campaigns under Nigerian advertising laws. However, in the absence of specific legislation in this regard, the general principles applicable to advertising in Nigeria should be applied to influencer campaigns.

By way of example, Section 125 of the FCCPA provides that – in the marketing of any goods or services – there should be no falsehood, misleading or deceptive representation concerning a material fact to consumers. This also applies in the case of influencer campaigns.

Please refer to 4.2 Liability for Third-Party Content.

Although there are no specific rules or regulations that apply to the solicitation of consumer reviews for use in advertisements, Article 80(v) of the Advertising Code provides that “[u]nsolicited messages should not be sent except where there are reasonable grounds to believe that the consumers who received such communications will be interested in the subject matter”. Meanwhile, Article 80(vii) provides that “[a]ll marketing communication sent via electronic media should include a clear and transparent mechanism enabling the consumer to express the wish not to receive future solicitations”.

As regards the use of consumer reviews in advertising, Article 9 of the Advertising Code provides that “advertisements containing testimonials and endorsements shall be genuine, and the models used shall be alive and suitable for the products, services and ideas they endorse in the advertisements”. Furthermore, Article 23 of the Advertisement Code (dealing with substantiation) states: “Testimonials or endorsements made in any advertisement shall be subject to proof.”

Advertisers can be held liable for consumer reviews, where the content thereof is misleading.

Section 22 of the NCC Consumer Code of Practice provides that, where a consumer permits the sending of promotional materials via email, a licensee must ensure the accuracy and clarity of the goods or services being offered.

The advertiser has the obligation to ensure that the advert disseminated via email does not contain any profanities or obscenities unsuitable for young persons. The advertiser must also ensure the email does not contain any materials that are prejudicial to the national origin, race, sex, religion, gender or age of any person.

Such adverts must also be clear in terms of the main message captured in the body of the email. They must also be written in clear legible font.

Furthermore, adverts communicated via email must comply with the following requirements.

• The commercial nature of the communication must not be concealed or misleading; it should be made clear in the subject header.
• The the terms of the offer should be clear and devices should not be used to conceal or obscure any material factor such as the price or other sale conditions likely to influence the customers’ decision.
• There should be clarity as to the procedure for concluding a contract.
• Due recognition must be given to the standards of acceptable commercial behaviour held by public groups before the sending of marketing communications to such groups using email.
• Unsolicited messages should not be sent via email except where there are reasonable grounds to believe that the consumers who received such communications will be interested in the subject matter or offer.
• All marketing communication sent via email should include a clear and transparent mechanism enabling the consumer to express the wish not to receive future solicitations via email.
• In addition to respecting the consumer’s preferences expressed either directly to the sender or through participation in a preference service programme, care should be taken to ensure that neither the marketing communication itself – nor any application used to enable consumers to open other marketing or advertising messages – interferes with the consumer’s normal usage of electronic media.

Telecommunications services providers are obliged under the NCC Consumer Code of Practice to provide information on products and services that is complete, accurate and up-to-date, in simple clear language. Telemarketing is the platform through which the NCC has directed all mobile network operators to implement the Do-Not-Disturb (DND) service and dedicate the short code “2442” to enable consumers/telecommunications subscribers to take action by making informed and independent decisions on what messages they wish to receive from network providers.

The DND feature is administered by the NCC and came into effect on 1 July 2016. This feature allows subscribers to opt into automatic blocking of unsolicited SMS messages and phone calls. However, the right to choose is a right that telecommunications subscribers in Nigeria enjoy, and this feature enables them decide whether or not they choose to receive or opt out of receiving telemarketing information from advertisers. The NCC has also made it possible for different subscribers to select which class of service they wish to receive or not receive related text messages from.

Therefore, although it is legal to send telemarketing SMS messages to telecommunications subscribers, it is important to be mindful of sending out bulk SMS messages to subscribers who have the activated DND feature on their personal numbers. Sending such messages to these subscribers can can attract a fine.

See 6.2 Telemarketing.

Targeted advertising in Nigeria is regulated primarily through:

• the Nigeria Data Protection Act 2023 (NDPA), which:
1. governs the processing of personal data – something that is essential for targeted advertising;
2. requires lawful basis (eg, consent) for collecting and using personal data for targeted ads; and
3. mandates transparency, allowing individuals to know how their data is used and providing rights to opt out;
• the FCCPA, which prohibits misleading or exploitative advertising, thereby prohibiting targeting practices that could deceive consumers; and
• the Advertising Code, which requires that all advertising (including targeted ads) is ethical, truthful, and respects consumer rights.

The collection of data from children in Nigeria is specifically addressed in the NDPA, of which:

• Section 31(1) requires verifiable consent from the parent or guardian before processing a child’s personal data; and
• Section 31(2–5) mandates that data controllers ensure processing is in the best interest of the child and apply appropriate safeguards.

The NDPR does not provide detailed provisions specifically on children’s data. However, it generally emphasises lawful processing and consent, which apply when dealing with minors.

Accordingly, the ARCON Act emphasises the protection of children in advertising practices. Although the ARCON Act does not provide detailed guidelines on the collection of children’s information for advertising purposes, it grants ARCON the authority to establish codes and standards that promote responsible advertising. Specifically Section 9(b) empowers ARCON to “authori[s]e, formulate, establish and issue code, proclamations, standards of practice, guidelines, and other regulations on advertising, advertisement, and marketing communications in Nigeria”.

Regarding penalties, the ARCON Act stipulates consequences for violations of its provisions and related codes. Section 57(1) states that any person or organisation that violates the ARCON Act is liable to a penalty of at least NGN500,000. Additionally, Section 34(5) specifies that individuals found guilty of offences under the ARCON Act may face fines of at least NGN500,000 or imprisonment for a term of one year (or both), whereas organisations may be fined at least NGN1 million.

In summary, while the ARCON Act empowers ARCON to develop specific guidelines concerning the collection of children’s information in advertising, it also prescribes substantial penalties for any violations of its provisions or related codes.

The relevant privacy rules in relation to advertising have been discussed throughout 6. Privacy and Advertising.

There are no general requirements in Nigeria regarding the conduct of sweepstakes and contests.

Nigerian law distinguishes between contests of skill and games of chance – although the only definition provided under Section 57 of the National Lottery Act, which is the principal statute that regulates all forms of gaming in Nigeria, is as follows: ““[L]ottery” or “lotteries” includes any game, scheme, arrangement, system, plan, promotional competition or device for the distribution of prizes by lot or chance, or as a result of the exercise of skill and chance or based on the outcome or sporting events, or any other game, scheme, arrangement, system, plan, competition or device, which the President may by notice in the Gazette declare to be lottery and which shall be operated according to a licence.”

It is necessary to register and obtain a licence from the National Lottery Regulatory Commission in order to operate any games of chance or contests of skill in Nigeria. To obtain such a licence from the National Lottery Regulatory Commission, it is necessary to submit the following required documents:

• an application letter stating intention of the applicant;
• a completed National Lottery Regulatory Commission applicant form;
• a non-refundable processing fee of NGN200,000 (or approximately USD130, based on the prevailing exchange rate) made payable to the National Lottery Regulatory Commission;
• the following company incorporation documents, which are mandatory as the National Lottery Act provides that only companies registered with the Corporate Affairs Commission (CAC) may engage in and promote lotteries or other such games in Nigeria:
1. a certificate of company incorporation as issued by the CAC;
2. memorandum and articles of association; and
3. company status report;

• a document disclosing the administrative office of the applicant;
• the nature of the product or service being promoted;
• details of the key personnel in charge of the promotion, indicating a physical address;
• detailed modalities of the promotional lottery, including name of the promo, value and categories of prizes to be won, selection/draw process, and applicable rules;
• duration of promotional lottery and frequency of draws/selection of winners and proposed draw dates;
• rules and terms and conditions of eligibility and qualification for participation in the promotional lottery – ie, what skill is required to take part in the lottery, if any; and
• the terms and conditions attached to claiming prizes, the modalities for distribution of prizes (state, regional and zonal, etc), and the proposed prize presentation date.

As regards the timeframe, the recommended timeline for completion of the process is between three and five weeks from the date of submitting the application. It is therefore essential that all relevant information and documentation are made available before filing.

Fees

The National Lottery Regulatory Commission has approved four different categories of fees for lotteries based on the scale of the promotion, as follows.

• Small – this applies to promotions where the total prize fund is not more than NGN5 million (approximately USD3,250). The application fee will be NGN150,000 (approximately USD98).
• Medium – this applies to promotions where the total prize fund is not less than NGN5 million and not more than NGN50 million (approximately USD3,250 and USD32,497 respectively). The application fee will be NGN500,000 (approximately USD32).
• Large – this applies to promotions where the total prize fund is not less than NGN51 million and not more than NGN100 million (approximately USD33,146.50 and US$64,993.20 respectively). The application fee will be NGN1 million (approximately USD650).
• Giga – this applies to promotions where the total prize fund is greater than NGN101 million (approximately USD65,643.10). The application fee will be NGN2,000,000 (approximately USD1,300).

It is important to also note that the law requires 3% of the total prize fund to be paid as a permit fee, whereas 5% of the total prize fund must be paid to the National Lottery Trust Fund. The National Lottery Regulatory Commission has further specified that the sum of NGN100,000 (approximately USD65) will be charged for each draw under the promotion, regardless of the promotion scale.

The total fees payable will be determined by the total prize fund of the lottery or promotion. In order to ascertain the particular fee scale to be applied by the National Lottery Regulatory Commission, as well as the permit fee and percentage to be paid into the National Lottery Trust Fund, it will be necessary to ascertain the total prize fund.

There are no specific laws or regulations that apply to free or reduced-price offers in Nigeria.

In Nigeria, there are no specific laws or regulations that apply to automatic renewal/continuous service offers (ie, contracts allowing marketers to continue to ship and bill for products and services on a recurring basis until the consumer cancels).

There are no specific rules or guidance concerning the use of AI in connection with the development of advertising content in Nigeria.

In Nigeria, there are no specific rules or guidance related to making claims that a product is developed through the use of AI, is powered, or has AI-related capabilities.

In Nigeria, there are no specific rules or guidance related to the use of chatbots. However, the general rules that govern Nigerian advertising also apply to this matter.

There are no specific rules or regulations in Nigeria that apply to the advertising, marketing or sale of cryptocurrency and/or NFTs.

There are no specific laws or regulations in Nigeria that apply to advertising within the metaverse.

The NAFDAC has established comprehensive guidelines and regulations governing the advertisement of various regulated products to ensure public safety and accurate information dissemination in Nigeria. What follows is an overview of key guidelines and their stipulations.

General Guidelines for Advertisement of NAFDAC-Regulated Products

NAFDAC’s Guidelines for Advertisement of NAFDAC Regulated Products in Nigeria (2018) contains the following provisions.

• Pre-approval requirement – all advertisements for NAFDAC-regulated products must receive prior approval from NAFDAC before production or broadcast.
• Validity period – approved advertisements are valid for one year from the date of approval, with an option for renewal.
• Prohibited practices – consumer promotions are not permitted for medicinal products. Advertisements for OTC drugs must include the disclaimer: “If symptoms persist after three days, consult your doctor/physician.” Prescription-only medicines may only be advertised in medical or scientific journals and must contain detailed prescribing information.

Food Products Regulations

NAFDAC’s Food Products Advertisement Regulations 2021 contains the following provisions.

• Registration and approval – no food product may be advertised unless it has been registered and approved by NAFDAC.
• Content accuracy – advertisements must be accurate, clear, and not misleading, avoiding any claims that could misinform consumers.
• Health claims restrictions – advertisements should not suggest that a food product can prevent, alleviate, treat or cure diseases unless scientifically substantiated and approved.
• Children’s advertising – advertisements aimed at children must not depict unsafe situations or encourage activities that could harm them physically, emotionally or morally.

Drug and Related Products Regulations

NAFDAC’s Drug and Related Products Advertisement Regulations 2021 contains the following provisions.

• Mandatory approval – all drug advertisements require prior approval from NAFDAC.
• Prohibited claims – advertisements must not contain false or misleading information, unsubstantiated claims of superiority, or suggest that the product is a universal cure.
• Specific therapeutic claims – advertisements with specific therapeutic claims must include the brand and generic names, therapeutic classification, dosage form, indications, recommended dosage, administration routes, adverse reactions, precautions, and contraindications.
• Restricted advertisements – advertising drugs as treatments, preventions, or cures for certain diseases is prohibited unless explicitly approved by NAFDAC.

Beer Regulations

NAFDAC’s Beer Regulations 2019 contains the following provisions.

• Mandatory approval – all beer advertisements must receive prior approval from NAFDAC before production or dissemination.
• Prohibited content – advertisements must not contain health claims or suggest that beer consumption is necessary for social, professional, educational, athletic or financial success, nor imply that it can solve personal or physical problems.
• Age and audience restrictions – beer advertisements are prohibited during children’s programmes and must not feature children, sports figures, or expectant mothers as models. Promotional items should not target children or sports professionals.
• Mandatory disclaimers – all beer advertising materials must include the disclaimers “Drink responsibly” and “Not for under 18 years” or “18+”.

Penalties for Non-Compliance

NAFDAC has established penalties for non-compliance with its regulations, as follows.

• Fines and imprisonment – individuals or entities that violate these advertising regulations may face fines and/or imprisonment, depending on the severity of the offence.
• Forfeiture – convicted parties may forfeit any assets or properties derived from the offense to the federal government.

There are no specific rules in Nigeria related to the placement of products in entertainment content.

In Nigeria, specific categories of products and services have tailored advertising regulations. Some of these products and services include:

• tobacco products – governed by the National Tobacco Control Act 2015, which prohibits all forms of tobacco advertising, promotion, and sponsorship, except at point-of-sale locations with strict restrictions.
• alcoholic beverages – regulated by NAFDAC and ARCON, restricting adverts during children’s programmes, mandating “Drink Responsibly” and “18+” disclaimers, and prohibiting misleading health claims.
• medical and pharmaceutical products – governed by NAFDAC’s Drug and Related Products Advertisement Regulations 2021, which requires pre-approval, prohibits advertising prescription-only medicines to the general public, and bans unsubstantiated therapeutic claims;
• financial services – governed by CBN’s guidelines, which require accurate, non-deceptive information in adverts for banking, loans, and investment products, with clear disclosure of terms.
• gambling and betting – regulated by the National Lottery Regulatory Commission, restricting adverts targeting minors, requiring responsible gambling messages, and ensuring transparency with regard to risks; and
• telecommunications – the NCC mandates that telecommunications advertisements be clear, truthful, and free from misleading claims about service quality or pricing.

These sector-specific regulations ensure responsible advertising aligned with public interest and consumer protection.