The Nigerian Communications Commission (NCC) has now mandated that MTN, Airtel, Glo and other Mobile Network Operators (MNOs) must now obtain its approval before running advert campaigns. This was revealed in a series of new guidelines by the commission for the conduct of promotional activities, especially by Mobile Network Operators (MNOs) in the country.
In the 15-page document by the regulator, the NCC said the Licensee (MNOs) shall submit to the Commission a written request for the approval of any promotional advertisements for goods and 0services. The request shall be submitted at least 30 working days before the proposed or planned publication of the ads, and the licensee shall ensure that the application meets minimum standards and requirements.
According to the NCC, ‘Advertisement’ means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence consumers’ choice, opinion or behaviour.
Citing the powers conferred upon it by Section 70 of the Nigerian Communications Act, 2003 to regulate this, the NCC says the Guidelines were created to set minimum requirements and standards for promotional advertisements by licensed communications operators in Nigeria.
The commission also informed that all approvals granted shall be registered with the Federal Competition and Consumer Protection Commission (FCCPC) within three days of the launch of the promotions.
Read also: How the NCC is working to stop e-fraud
More on the NCC Ads requirements
Among the requirements listed by the Commission is that the licensee attaches a detailed report of the advertisement identifying the products and/or services and the target audience. It also requires the licensee to provide data that is reasonably competent and reliable, reflecting the true and accepted principles of such research; Furthermore, the new guidelines require the licensee to adhere to established standards for quality.
In terms of pricing, the commission mandated that the licensee shall communicate all prices and financial implications clearly and have no hidden or disguised price adjustments, discounts, unrealistic price comparisons or exaggerated claims as to worth or value.
“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“, it says.
The NCC said it has the right to reject any application, which would be communicated to the licensee within 14 days of receiving it.
The Commission also said it will communicate to the licensee the reasons for the rejection and where the situation can be remedied or the application varied, may ask the licensee to remedy the situation within a specified period.
The Commission stated that it reserves the right to revoke any approvals given to licensees for promotions for a variety of reasons, including but not limited to network congestion, subpar performance of licensee services, customer complaints, licensee misrepresentation of the offer, violation of specific approvals, and deviation from the context and/or content of submitted applications.
Accordingly, it stated that the licensee must ensure that the network can support any traffic that may result from the promotion and that the tariff associated with the promotion does not exceed the tariffs approved by the Commission. The licensee shall also specify the duration and date range of such promotion or advertisements and the date of redemption of such promotional benefits. Finally, all promotions shall not misrepresent the licensees’ opportunity to provide the goods and services at the terms presented.
While there is room for appeal, the regulator, however, stressed that breach of these Guidelines shall be sanctioned according to the Nigerian Communications (Enforcement Process) Regulations, 2019 as may be amended from time to time.
The Commission may suspend a licensee from participating or embarking on further promotional activities for such duration and based on such terms and conditions as the Commission may specify.
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