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Who Suffers Most From Pirate Marketing? [opinion](AllAfrica Via Acquire Media NewsEdge) Behavioural scientists posit that without other human beings, the animal called man becomes bestial, in fact, nothing short of a real beast. Look at the simple example of dressing. Human beings dress for the public not for individual selves or even the family. The Bible account of the origin of man has it that Adam was without clothing and had no shame, even in the company of his wife, Eve. God only made clothes for them when they fell from grace. So, what is the place of this in marketing or in other areas of human endeavours? When people dress properly, they are admired and when indecently dressed, they are abhorred. The larger segment of the society tows this line, as my simple mind observes. Often, when the culprits of indecent dressing or exposure are encountered, their defence is that they are only 'marketing' themselves. If you've got it flaunt it, some dare say! At product levels, every marketer knows the importance of packaging in earning "mind share" and consequently, "pocket share". Consumers are naturally attracted to products in tune with the level of packaging. This explains the great pains taken by marketers to package their products attractively in a way that has formed an integral part of the branding process of leading companies across the world today. What laws or codes govern dressing, packaging or branding? It is apparent that nation states are not rigid on dressing, as it remains without written codes, except the few that do this for religious reasons. Other countries of the world refrain from imposing rigid codes on citizens because dressing is considered a basic human right. But that can scarcely be said of product packaging as they are made for public consumption. The marketplace is also a place of competition, and must be made healthy by regulation or control. Otherwise, players might take on one another unfairly in a manner that breeds confusion and anarchy. Manufacturers must understand that packaging and marketing must be done fairly, so as not to dupe consumers by deception or defraud competitors by pass-offs and pirate marketing. This is probably why every aspect of marketing has a regulator to moderate the war between competitors. Sadly in marketing, as in many other human endeavours, written laws are never sufficient as there is always a way for smart marketers to outwit the regulators in the promotion of their own business interests. I have to lay emphasis on the fact that without regulations or laws, human beings are likely to degenerate to beastly behaviours. Nigeria with her abundant human and natural resources has numerous regulators to ensure that packaging and marketing (dressing of products and brands) are done decently. So when blatant pass-offs show up in the marketplace, it propels the same ill-feelings as an individual violating the decent dressing code, though it might not have been enshrined in existing regulations! It is always written in the minds of the public. Marketers are desperate to sell their goods, commodities or brands, no doubt, but should this lead them to doing unethical things? And if they do, should the authorities condone them? I admit that what constitutes ethical and unethical vary from person to person or even scenario to scenario. However, it must be noted that safety is one of the primary roles of nation states and countries able to provide security for individual and corporate bodies make faster progress on the path of economic growth. International investors are always weighing up domestic investment climate of possible investment destinations before reaching investment decisions. This is probably why Nigeria has set up an investment promotion council to try to convince investors, particularly the ones from outside the shores of the country that things will be done right and their investments adequately protected. To what extent is investments being protected in Nigeria or how enforceable are pacts entered in Nigeria? Maybe an example will drive the point home clearly. I have noticed that Guinness Nigeria Plc, probably motivated by patriotic zeal or desire to support a good cause entered into a sponsorship agreement with the Nigerian Football Federation (NFF) but that enviable right which must have cost a fortune (going by what other private companies like Globacom, which is equally a sponsor of the NFF but which may not be subject to disclosure requirements applicable to listed companies like Guinness Nigeria have disclosed in the media) is now being increasingly encroached upon by a competitor, Nigerian Breweries which has allegedly latched on perceived yawning gaps in marketing and advertising regulations in Nigeria. I have waited this long in vain for those saddled with the responsibility of regulating the marketing (advertising in particular) in Nigeria to speak up against an anomaly that has seen one company engage professionally with the NFF in the sponsorship of the Super Eagles while a direct competitor quietly milks the football market in disregard of this contractual arrangement. Is it that the Advertising Practitioners Council of Nigeria (APCON) has taken no notice of Nigerian Breweries' 'Shine on Nigeria' campaign? Probably nobody at APCON has seen the advert which has been everywhere on billboards, radio and television. In fact, it turned out to be the stand out advert and connection point for football fans in Nigeria while the 2014 FIFA World Cup lasted. Does it mean nothing to my fellow country men and women that a company raises the Nigerian flag in marketing communications messages in a way that suggests that it has written permission to do so? I cannot recall seeing the flags of other countries and their sports icons being this brazen in championing commercial causes in complete disregard of national interest. Nigeria must be a peculiar country! Give it to Nigerian Breweries, the company has delivered iconic marketing messages in the past but its desperation to latch on to the recently concluded FIFA World Cup played in Brazil has left a lot to be desired. If this company wanted to support Nigerian football it has the resources to do so, legally and professionally for which I would have given commendations. Part of my concerns, now is that the only reason it could resort to pirate marketing is because of perceived weakness in regulatory structures and institutions in Nigeria. Given that there is an existing agreement between Guinness Nigeria and NFF, a commercial showing a football game involving Nigeria and the overwhelming joy that comes with Nigeria scoring, together with a former captain of the Super Eagles raising Nigeria's flag in celebration is deceptive to say the least. My on-the-streets encounter with Nigerians, show that ordinary people watching the commercial have been taken in that Nigerian Breweries mean well for Nigerian football by furnishing sponsorship considerations whereas nothing can be further from the truth! Some of the issues that plague my mind here include: Does Nigeria's flag deserve no respect from marketers in their desperation to deceive the populace into thinking they support their passion? Could it be that Guinness Nigeria's contract with the NFF is loosely worded, thus lending itself to easy manipulation? Is it beyond the NFF and APCON to call violators to order? Is there a case of some animals being more equal than others, as we read in George Orwell's Animal Farm? It is of grave concern that consumers, who are largely supporters and followers of Nigerian football, are apparently misled by this marketing campaign. Nigerian Breweries' billboards across Nigeria evoke the image of Guinness Nigeria as the he goat that fertilises the she goat for the public. This to my mind is a dangerous signal to prospective sponsors of not just football, but other sports in Nigeria. Sports administrators, sportsmen and women as well the marketing communications community ought to take a patriotic stand on this in the interest of fairness and equity. It is logical that if a company enters into a sponsorship deal, it furnishes necessary consideration and expects certain benefits. There is a possibility that Nigerian Breweries undertook a careful study of its operating environment before embarking on this marketing adventure, but expectations among concerned Nigerians is that those entrusted with regulating the industry ought to take a stand that defends Nigeria's national interest. Is no existing written regulation being broken by the 'Shine on Nigeria' campaign? Only APCON can answer. What Nigerians expect is that the national flag be respected by all, individual and corporate bodies inclusive. Nigerians are also eager to see those in positions of responsibility act proactively to enthrone professionalism and ethical practices in every field. These are some basic things that can help grow our economy. Expectations are high among concerned Nigerians that APCON should come up with a solution to this by putting in place codes that protects the economy against undue smartness. God made clothing for Adam and Eve after they fell from grace, so those concerned ought to have come up with regulations that address this kind of pirate marketing, as soon as the infraction was noticed. No one can argue that an attempt to put a regulation to address this is targeted at one company, because every regulation in place in the advertisement and marketing communications industry as well other areas of human endeavours are evolved to address situations. This one demands attention, I dare say urgently. National interest should prevail here because a stitch in time saves nine. Failure to properly address this issue, in a timely manner, will see the scenario playing out among other competitors in other areas of the economy. Should this be the case, as I strongly fear it will, the real impact of pirate marketing activities will take its toll on Nigeria's economy. Are the relevant parties listening? Nigerians are waiting and watching with keen interest wondering, who suffers most from pirate marketing? -Uwadiegwu writes from Ikeja, Lagos. Copyright This Day. Distributed by AllAfrica Global Media (allAfrica.com). |