In a pivotal decision that redefines the boundaries of advertising regulation in Nigeria, the Federal High Court in Lagos has affirmed the Advertising Regulatory Council of Nigeria (ARCON)’s legal authority to oversee advertising activities across all media platforms, including traditional print and broadcast, as well as digital and social media.
This ruling, delivered by Justice Aluko in Suit No. FHC/L/CS/1262/2024 stems from a case filed by Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.
The Genesis: Why ARCON Was Challenged
At the heart of the legal battle was a challenge to ARCON’s powers, particularly regarding advertising on digital platforms and by individuals not formally registered as advertising practitioners. The suit, filed on July 12, 2024, sought to clarify whether ARCON could enforce its regulations on influencers, creators, and brands posting promotional content online.
The Court’s Position: Regulation Beyond Practitioners
In a sweeping judgment, the court ruled that ARCON holds statutory authority over all forms of advertising, regardless of the medium or the status of the person or entity creating the content. Justice Aluko emphasised that what matters is the activity of advertising, not whether the advertiser is a registered professional or a private individual.
This reinforces the view that content creators, influencers, and even small business owners promoting their goods or services online must comply with ARCON’s regulations.
Social Media Is Not Exempt
Crucially, the court asserted that social media platforms such as Instagram, TikTok, and Facebook fall under ARCON’s jurisdiction. Even though these platforms are privately owned, they are public broadcasting spaces when used for advertising and must therefore adhere to national regulatory frameworks.
ARCON Can Flag Violations—But Not Punish
On the matter of enforcement, the court clarified that while ARCON can issue violation notices, the Advertising Offences Tribunal and not ARCON itself is solely empowered to impose sanctions and fines. This interpretation upholds the structure in ARCON’s enabling legislation and clarifies due process.
Vetting Is Now Mandatory for All Advertising
Perhaps the most consequential aspect of the ruling is the declaration that all advertising content, regardless of origin, must be pre-approved by ARCON before publication. This includes materials created by agencies, brands, or private individuals.
This development marks a new era of strict compliance in Nigeria’s advertising ecosystem, emphasising ethical and professional standards for all stakeholders.
Why This Matters: Legal and Industry Impact
The judgment is widely regarded as a watershed moment for ARCON, which has faced increasing pushback since its transformation from the Advertising Practitioners Council of Nigeria (APCON) to its current form under an expanded legal framework.
The ruling solidifies ARCON’s position as Nigeria’s apex advertising regulatory body and is expected to reshape industry practices, especially in the unregulated digital space where influencer marketing, brand partnerships, and user-generated promotions have proliferated.
Brands, content creators, agencies, and digital entrepreneurs will now have to align their operations with ARCON’s guidelines or risk facing regulatory consequences.
