A Lagos High Court has ruled that condom advertisements must have the Health Risk Warning Clause of Advertisement Professionals Council of Nigeria (APCON) that “Condom is not 100 per cent safe. Total abstinence or faithfulness is the best option”.
According to THISDAY, the judgement, which was delivered by Justice Taofiquat Oyekan-Abdullahi, was the outcome of the mutual agreement for the two parties to the suit.
Delivering the judgement, Justice Oyekan-Abdullahi also ordered that condom advertisements should only be aired between 6AM and 8PM on radio and between 6PM and 10PM on television henceforth.
The Incorporated Trustees of the Project for Human Development (PHD) had filed a suit against the Incorporated Trustees for Society for Family Health (SFH), asking the court to declare that the advertisement of the ‘Gold Circle’ condom by SFH in a national newspaper without the Health Risk Warning is illegal and unconstitutional, saying it is contrary to article 49 of the APCON laws, Sections 17, 37, 38, 39 (3), 45 of the 1999 Constitution and Articles 17, 18 27 and 29 of the African Charter on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10.
PHD also added that the statements on the packs of condoms that it offers “maximum protection” and that it protects “both of you against infections…” are false.