The Nigerian Communications Commission (NCC) has announced new guidelines that mandate Mobile Network Operators (MNOs), including MTN, Airtel, and Glo, to seek approval from the commission before conducting advertising campaigns.
These guidelines, outlined in a 15-page document, aim to regulate promotional activities conducted by MNOs within Nigeria.
According to the NCC, MNOs must submit a written request for approval of any promotional advertisements for goods and services to the commission at least 30 working days prior to the proposed publication. The application must meet the minimum standards and requirements set by the commission.
The NCC derives its authority to regulate such activities from Section 70 of the Nigerian Communications Act of 2003. The guidelines were established to establish a baseline of requirements and standards for promotional advertisements by licensed communications operators in the country.
Additionally, the NCC has mandated that all approved advertisements must be registered with the Federal Competition and Consumer Protection Commission (FCCPC) within three days of their launch.
The guidelines set forth by the NCC also include several requirements for licensees. They must provide a detailed report of the advertisement, identifying the products and/or services and the intended target audience. Furthermore, licensees must present competent and reliable data that adheres to accepted research principles. The guidelines also emphasize adherence to established quality standards.
Regarding pricing, the commission has mandated clear communication of all prices and financial implications, prohibiting hidden or disguised adjustments, unrealistic price comparisons, and exaggerated claims. For advertisements with complex price structures, additional print media explanations and information on the licensee’s website are required.
The NCC reserves the right to reject any application and will notify the licensee within 14 days, specifying the reasons for rejection. The licensee may be given an opportunity to remedy the situation or modify the application within a specified period.
Furthermore, the NCC retains the right to revoke approvals for promotions due to reasons such as network congestion, subpar service performance, customer complaints, misrepresentation of offers, violations of specific approvals, and deviation from submitted applications.
Licensees are responsible for ensuring their network can handle increased traffic resulting from promotions. The tariff associated with the promotion must not exceed the approved tariffs set by the commission. The duration, date range, and redemption date of promotional benefits must also be specified. Additionally, all promotions must accurately represent the goods and services provided by the licensees.
While the guidelines allow for appeal, the NCC emphasizes that breaches of these guidelines will be subject to sanctions outlined in the Nigerian Communications (Enforcement Process) Regulations of 2019, as amended.
In cases of non-compliance, the commission may suspend licensees from participating in or conducting further promotional activities, subject to specified terms and conditions
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