Section 63 — Interpretation

In this Act—

“advertisement” means a notice, announcement, exposure, publication, broadcast, statement, announcerial, infermercial, commercial, hype, display, town cry, show, event, logo, payoff or trademark to promote, advocate, solicit, showcase, endorse, vote or support a product, service, cause, idea, person or organisation with the intention to influence, sway, actuate, impress, arouse, patronise, entice or attract a person, people or organisation by an identified sponsor irrespective of media, medium or platform;

“advertisement agency” means any agent, agency or organisation that engages in full advertising service, creative advertising, media buying, media planning, media brokerage, experiential marketing, activation, out of home advertising, brand consulting, brand management, digital advertising or any other advertising, marketing communications service;

“advertiser” means a person, private or public organisation that causes, requests, directs, or pays for an advertisement, advertising or marketing communications ideas to be created, developed, produced, executed, expose or that takes benefit of advertisement, advertising, and marketing communication services;

“advertising” means any act, action, activity, construct or undertaking directly, or indirectly, intentionally, or unintentionally, aimed at creating, planning, strategising, managing, developing, producing, propagating, servicing or facilitating an advertisement, brand or marketing communications ideas;

“advertising practitioner” means a person registered by APCON to practice advertisement, advertising and marketing communications in Nigeria;

“Council” means the Advertising Regulatory Council of Nigeria established under section 1 of this Act;

“Court” means a court of law in Nigeria with competent jurisdiction;

“Director-General” means the Chief Executive Officer appointed under section 11 of this Act;

“foreign advertiser” means a non-Nigerian or non-Nigerian organisation that causes, requests, directs, or pays for an advertisement, advertising or marketing communications ideas to be created, developed, produced, executed, expose or that takes benefit of advertisement, advertising, and marketing communication services in Nigeria or directed at Nigeria market;

“foreign advertising practitioner” means a person other than a registered Nigerian practitioner, firm, company or agency who practice advertising directed at the Nigerian market;

“Governing Council” means the Governing Council established under section 3 of this Act;

“Government” includes the Government of the Federation, State, Local Government Area or any of their ministry, department, agency or any person or organ exercising power or authority on their behalf;

“Marketing Communications” means any act, gesture, endeavour, execution, performance tactics or effort aimed at sharing promotional information, evoking emotion, creating awareness or encouraging demand for a product, service, cause, idea, person or organisation through the use of public media, mass media, or any medium capable of disseminating information to the public directly, or indirectly, intentionally, or unintentionally;

“media” means any medium, channel, platform that disseminate, circulate, expose, broadcast, publish, display or make public an advertisement;

“Minister” means the Minister responsible for information and advertising;

“organisation” includes a body corporate, firm, partnership, association, or any other entity engaged in advertising, advertisement or marketing communications;

“register” means the register maintained under section 22 of this Act;

“registered” means registered as a fellow, full member, associate member, student member, or honorary fellow of the profession in the part of the register relating to fellows, full members, associates, students, or honorary fellows, as the case may be;

“Tribunal” means the Advertising Offences Tribunal established under section 37 of this Act.