In Nigeria, the Federal High Court in Lagos has upheld the Advertising Regulatory Council of Nigeria’s (ARCON) authority to regulate advertising across all media platforms, including social media and digital channels.
The judge rendered the decision in a case (Suit No. FHC/L/CS/1262/2024) brought by Digi Bay Limited (doing business as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.
The plaintiffs sought clarification regarding the extent of ARCON’s regulatory powers, particularly about digital advertising and whether individuals without formal registration as advertising practitioners fell under its jurisdiction.
The court decisively ruled in favour of ARCON, affirming that its statutory authority encompasses all forms of advertising, regardless of the platform used or the advertiser’s registration status.
The judge stated that the essence of the matter lies in the activity—advertising—not in the registrant’s status. The court highlighted that ARCON holds regulatory power over advertising on platforms like Instagram, considering these channels are public forums used to communicate with broad audiences. Thus, these channels are subject to ARCON’s oversight, even if privately owned.
Furthermore, while ARCON may issue violation notices or letters of infraction, the responsibility to impose penalties is solely vested in the Advertising Offences Tribunal.
This clarity regarding enforcement powers reinforces due diligence while allowing ARCON to maintain ethical advertising standards. The judgment stipulates that all advertising content generated by individuals, agencies, or organisations must undergo ARCON’s review and approval before being publicly disseminated.
This requirement reinforces ARCON’s status as a key guardian of ethical advertising practices in Nigeria. The ruling is viewed as a major legal milestone for ARCON, following its evolution from the Advertising Practitioners Council of Nigeria under new regulations that expanded its authority.
It tackles ongoing discussions about the need for regulation in the fast-changing digital advertising landscape and reinforces ARCON’s position in upholding industry standards. As a result, influencers, content creators, brands, and advertisers must now recognise that adherence to ARCON’s regulations is a legal requirement across all media platforms.
