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Advertising Code:NPAN Takes APCON To Court Again

To protect its members from further harassment by the Advertising Practitioners’ Council (APCON), the Newspaper Proprietors’ Association of Nigeria, NPAN has dragged again, the regulatory agency to the Court of Appeal, Lagos Division.

According to a statement by the Executive Secretary of NPAN, Feyi Smith, the action was further to the appeal filed earlier in the year by the association and reports of continued harassment of advert executives, despite the subsisting appeal on the ruling.

The Newspapers Proprietors had instituted a suit on November 1, 2011, through its Counsel, Tayo Oyetibo (SAN), on the constitutionality or otherwise of APCON powers to regulate the activities of media employees.

In the suit, NPAN had contended that the powers of APCON as captured in Articles 21 and 137(a) of the Nigerian Code of Advertising Practice and Sales Promotion, under which APCON had sought to vet the advertisement of media houses, violated the provisions of the constitution. It also stated in its submission that the Articles violated the freedom of expression of its members as well as the freedom to hold opinion, as guaranteed under Section 39 of the Constitution.

Although, APCON had challenged the jurisdiction of the court to hear the matter, which it eventually won, the Newspapers Proprietors had approached the appellate court to upturn the decision, which is still pending.

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