Guidelines for the conduct of promotional activities, particularly by Mobile Network Operators (MNOs) in the industry, have been released by the Nigerian Communications Commission (NCC).
The Nigerian Communications Commission (NCC) stated that the Guidelines were developed to define minimum rules and standards for promotional marketing by licensed communications operators in Nigeria, citing the authority granted to it by Section 70 of the Nigerian Communications Act, 2003, to regulate this.
NCC defines “Advertisement” as any message, expressed in any language and delivered through any medium, the content of which is under the direct or indirect control of the advertiser with the aim of influencing customers’ choice, opinion, or conduct.
The regulator’s 15-page document, which was made public Friday, stated that the Licensee must submit a formal request to the Commission for the Commission’s approval of any promotional marketing for goods and services. The licensee shall ensure that the application complies with all minimal criteria and requirements and that it is filed at least 30 working days prior to the intended or anticipated publication.
NCC was informed that within three days of the start of the campaigns, any approvals given must be registered with the Federal Competition and Consumer Protection Commission (FCCPC).
Among the requirements are that the licensee attach a detailed report of the advertisement identifying the products and/or services and the target audience; that the licensee provide data that is reasonably competent and reliable, reflecting the true and accepted principles of such research; and that the licensee adhere to established standards for quality.
The NCC stated that it had the authority to deny any application, and that it would notify the licensee within 14 days of doing so.
According to the Commission, the licensee will be informed of the grounds for the denial, and if the problem can be resolved or the application modified, the licensee may be asked to do so within a certain time frame.
According to the Commission, it reserves the right to revoke any approval given for promotions from the licensee for a variety of reasons, including but not limited to network congestion, subpar service quality from the licensee, customer complaints, misrepresentation of the licensee’s offer, violation of a specific approval, and deviation from the context and/or content of the submitted application.
Accordingly, the NCC stated that the licensee must ensure that the network can support any traffic that may result from the promotion, that the tariff associated with the promotion does not exceed the tariffs approved by the Commission, that the licensee must specify the duration and date range of any advertisements, as well as the date on which the benefits of the promotion must be redeemed, and that no promotions may falsely represent the licensees’ opportunities.
The Nigerian Communications (Enforcement Process) Regulations, 2019, as they may be amended from time to time, stipulate that violations of these Guidelines may be sanctioned even though there is possibility for appeal.
A licensee’s ability to participate in or start new promotional activities may be suspended by the Commission for the time period and under the conditions that the Commission may establish.
