Emamuzo Iboma
In a landmark ruling poised to reshape Nigeria’s advertising landscape, the Federal High Court in Lagos has declared that the Advertising Regulatory Council of Nigeria (ARCON) has the legal authority to regulate advertisements across all platforms, spanning traditional media, digital outlets, and social media.
The decision, delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024 arose from a case filed by Digi Bay Limited (trading as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON. The plaintiffs sought clarity on whether ARCON could regulate advertising on digital platforms and by individuals not formally registered as advertising practitioners.
Justice Aluko ruled that ARCON’s statutory powers cover all forms of advertising, irrespective of the platform or the advertiser’s professional status. The judgment emphasised that regulation hinges on the activity—advertising—not on whether the individual or organisation is a registered practitioner.
The court’s affirmation that ARCON holds regulatory authority over advertisements on social media platforms such as Instagram is a significant highlight of the ruling. The judge noted that while these platforms are privately owned, their public accessibility and use as advertising channels bring them under ARCON’s jurisdiction.
However, the court also clarified the scope of ARCON’s enforcement powers. While ARCON can issue violation notices and infractions, the imposition of sanctions or penalties, as outlined in the law, lies exclusively with the Advertising Offences Tribunal.
Additionally, the court held that all advertising materials—regardless of whether agencies, companies, or individuals produce them—must undergo ARCON’s vetting and approval before being made public. This cements ARCON’s role as Nigeria’s primary gatekeeper for ethical and professional advertising standards.
This ruling is seen as a major legal win for ARCON, especially as it continues to assert its expanded mandate following its transformation from the Advertising Practitioners Council of Nigeria (APCON). In recent years, ARCON’s regulatory reach over the digital space has faced pushback and legal scrutiny.
With this judgment, the Nigerian advertising industry enters a new era of oversight, where regulatory compliance is mandatory for all players—advertisers, influencers, content creators, and brands—regardless of the medium they use.
