Nigeria FCCPC draft sales promotion rules would make firms register AI marketing; comments due by 20 October 2026

Nigeria FCCPC draft sales promotion rules would make firms register AI marketing; comments due by 20 October 2026

30 September 2026: Nigeria's Federal Competition and Consumer Protection Commission (FCCPC) published the Draft Sales Promotion (Amended) Regulations, 2026 on 30 September 2026 for public consultation. The commission says the draft amends the 2005 sales promotion regulations and changes the fees for notifications. It invites comments on or before 20 October 2026, by hard copy or by email to salespromoregulations2026@fccpc.gov.ng.

What the draft is reported to require

According to Nairametrics and Leadership, which reported on the draft on 3 October, the regulations would cover businesses that use artificial intelligence, machine learning or other automated technology for promotions, marketing communications or consumer engagement aimed at Nigerian consumers. Such businesses would have to register that use with the commission. AI-generated content would have to be labelled, consumers would have to be able to opt out, and a business would be liable for the claims its AI systems make, including chatbots, virtual influencers and automated messages.

The same reports describe penalties of up to N100 million or 1% of the previous year's turnover, whichever is higher, for a company, and up to N50 million for an individual, with directors liable to disqualification for up to five years. These figures are the outlets' reading of the draft.

Who is affected

Any company that markets to consumers in Nigeria using chatbots, automated campaigns, AI-generated adverts or AI personas, wherever the company is based. Marketing technology and conversational AI vendors whose customers sell into Nigeria are affected indirectly, because their customers will need registration, labelling and opt-out features.

What to do

1. List every place you use AI or automation in promotions or customer messaging aimed at Nigerian consumers.
2. Check whether AI-generated content is labelled and whether customers can opt out of automated engagement.
3. Review what your chatbots and automated messages are allowed to claim, since the business would answer for them.
4. If the draft affects you, send comments to the commission by 20 October 2026. The notice states no time of day.
5. Vendors: ask whether your platform can record, label and switch off AI-generated messages per market.

Why it matters for buyers

This would be one of the first rules in Africa aimed specifically at AI in marketing, and it puts the burden on the business using the tool rather than on the vendor. Nigeria is the region's largest consumer market, so the final text is worth tracking even for firms that only advertise there.

Sources

• FCCPC: Draft Sales Promotion (Amended) Regulations, 2026 - 30 September 2026
• Nairametrics: FCCPC moves to regulate AI marketing, businesses face N100 million penalty - 3 October 2026
• Leadership: FCCPC's draft AI marketing regulation mulls N100m penalty on erring businesses - 3 October 2026
• FCCPC: Draft Sales Promotion (Amended) Regulations, 2026, full text (Part V, Artificial Intelligence and Automated Marketing) - 30 September 2026