Nigerian has banned the use of foreign models and voice-over artists on any advertisement targeted or exposed on the Nigerian advertising space with effect from 1st October 2022.

"In line with the Federal Government's policy of developing local talent, inclusive economic growth, and the need to take necessary steps and actions aimed at growing the Nigerian advertising industry, the Advertising Regulatory Council of Nigeria (ARCON), being the apex advertising, advertisement and marketing communications' regulatory agency of the Federal Government, has in accordance with its statutory mandates, responsibilities and powers as conveyed by the Advertising Regulatory Council of Nigeria Act No. 23 of 2022 banned the use of foreign models and voice-over artists on any advertisement targeted or exposed on the Nigerian advertising space with effect from 1st October 2022."

This is according to the Advertising Regulatory Council of Nigeria (ARCON).

Nollywood actor and President of the Association of Voice Over Artists in Nigeria  Segun Arinze has explained that the directive does not ban foreign models and voice-over artists from its advertising space.

Rather, it stops Nigerian models from choosing foreign locations over local ones when shooting for clients.

Segun Arinze explained in an interview with Kwame Dadzie and Doreen Avio on Accra-based Hitz FM that;

“CNN had an interview with me on that. So this is it. We said ‘stop taking it out of the country. The Director General of the Advertising Regulation Council of Nigeria called me and said this is what they were going to do. I knew what they were going to do."

"He said they were tired of advertising agencies taking the jobs to the UK and South Africa to shoot. Because they were trying to make money and then you were leaving the young talents. So why don’t leave all those things here, do them here? No voice-over talent in America will come to Naija to come and produce or shoot the advert. They won’t, unless it’s intentional. Unless there is a reason for it.”

“It wasn’t like a blanket ban. We just said please stop taking them out for now. Even for modelling, do them. Why would take Ghanaian for like ‘bofrot’ to the UK and go and shoot [an advert for] it with white kids and bring it back and say ‘bofrot.’ So how do the kids relate to it. So you do it in such a way that you shoot it in Ghana here so the kids can relate. So that is what exactly the Advertising Regulation Council was saying,” he explained.

Meanwhile, in Ghana, in the year 2024, in a majority decision, the Supreme Court upheld the Food and Drugs Authority's (FDA) directive that prevents celebrities from endorsing alcoholic drinks.

This ruling concludes a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music, against the FDA.

Chief Justice Gertrude Torkornoo delivered an abridged version of the ruling on Wednesday, June 19, stating that the FDA's directive does not violate the constitution.

As a result, well-known personalities or professionals are permanently prohibited from appearing in advertisements that promote alcoholic beverages.

The FDA's directive, which was implemented in 2015 to regulate alcohol consumption in Ghana, includes guidelines that restrict celebrities from advertising alcoholic beverages. The FDA justified this restriction by citing the influential nature of celebrities, which could potentially influence minors to engage in alcoholism.

Representing the plaintiff, Mark Darlington Osae, was Bobby Banson from the Robert Smith Law Group, while the FDA was represented by Justine Amenuvor. Osae filed a writ at the Supreme Court on November 11, 2022, challenging the FDA's regulations as discriminatory against the creative arts industry.

According to Osae, the FDA's directive is inconsistent with and in contravention of articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among others.

Many figures from the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have spoken out against the FDA's directive. They argue that endorsements or advertisements for alcoholic beverages are crucial income streams for them and that any law restricting such activities deprives them of their livelihood.

Reacting to this, Baba Sadiq, the Founder of 3Music Network, has expressed his concern over the directive issued by the Food and Drug Authority (FDA) that prohibits the use of celebrities in alcoholic beverage advertisements.

He believes that this directive is putting a constraint on the creative industry's growth and opportunities.

Sadiq pointed out that the beverage industry had been a significant sponsor of creative content in the past, but the FDA's restrictions have limited their ability to collaborate with celebrities for promotional campaigns.

This change in sponsorship dynamics could have a negative impact on the revenue generation and development of the creative sector, as it restricts potential partnerships with alcohol brands and hinders the industry's ability to access financial support from this significant advertising source.

According to him, the regulation robs celebrities of potential sources of income and hampers the entertainment industry's growth.

Mr. Sadiq raised these concerns at Joy FM’s Showbiz Roundtable in Accra.

“The beverages used to be the biggest sponsors of a lot of creative contents or creative experiences in town, but due to regulation and also their inability to get the full benefit… Today, even if you promised them [beverage companies] media for the experience that you’re creating, they’ll know that they will not get the full extent of it.”

“If it is an alcoholic brand, he knows that it cannot be seen at certain times. So first and foremost, he’s not actually getting the full benefit. So they’ll probably zero down and come down to the experiential benefit that they’ll get,” he said.

According to FDA guidelines, celebrities cannot be used to promote alcohol in any form.

As part of government efforts to protect minors from alcoholism, the policy aims to protect them.

Many industry players, including Baba Sidiq, say this move is detrimental to the showbiz industry.

Moreover, the time restrictions on beverage advertisements in the media also make it difficult for industry players to develop a suitable package for alcoholic drink producers.