The Nigerian Communications Commission (NCC) has unveiled guidelines for the conduct of promotional activities, especially by Mobile Network Operators (MNOs) in the industry.
NCC, which referenced the powers conferred upon it by Section 70 of the Nigerian Communications Act, 2003 to regulate this, said the Guidelines are developed to set minimum requirements and standards for promotional advertisements by licensed communications operators in Nigeria.
According to 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 behavior.
In the 15-page document by the regulator released, yesterday, NCC said the Licensee 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, and the licensee shall ensure that the application meets minimum standards and requirements.
NCC 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.
Some of the requirements are the licensee shall attach a detailed report of the advertisement specifying the goods and/or services and the target consumers; the licensee shall, if the goods and services on which an advertised claim or representation depends can be tested by survey or data, provide such data, which shall be reasonably competent and reliable, reflecting the true and accepted principles of such research; the licensee shall adhere to set standards for quality and grade of service set by the Commission; the licensee shall adhere to the set standards on communications products and equipment that are manufactured, imported or sold in Nigeria.
The NCC said it has the right to reject any application, which would be communicated to licensee within 14 days of receiving it.
The reasons for the rejection, the Commission said it shall be communicated to the licensee the reasons 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 said it reserves the right to withdraw any approval granted for promotions from the licensee for reasons not limited to network congestion, poor performance in licensees services, consumer complaints, misrepresentation of offer by the licensee, contravention of specific approval and variation from submitted application content and/or context.
As such NCC said the licensee shall ensure that the network is capable of sustaining the traffic that may be generated from such promotion; the licensee shall ensure that the tariff attributed to such promotion does not exceed the tariffs approved by the Commission; the licensee shall specify the duration and date range of such promotion or advertisements and the date of redemption of such promotional benefits; all promotions shall not misrepresent the licensees’ opportunity to provide the goods and services at the terms presented.
While there is room for appeal, NCC however, reminded 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.
