In what is considered a groundbreaking judgment, the Federal High Court in Lagos has affirmed that the Advertising Regulatory Council of Nigeria (ARCON) holds the legal authority to oversee advertising across all media channels. This includes both conventional platforms like print and broadcast media, as well as digital and social media outlets.
The decision, delivered by Justice Aluko in Suit No. FHC/L/CS/1262/2024, arose from a case brought by Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.
Filed on July 12, 2024, the suit sought judicial interpretation of ARCON’s scope of authority, especially regarding advertisements shared online or by individuals who are not certified advertising professionals.
The court ruled that ARCON is legally empowered to regulate all advertising, regardless of the platform. It clarified that ARCON’s jurisdiction includes both professional agencies and private individuals involved in advertising. Justice Aluko highlighted that what determines ARCON’s involvement is the act of advertising itself, not whether the party is officially recognized as an advertising practitioner.
A key aspect of the judgment was the affirmation that ARCON can regulate advertising on social media platforms such as Instagram. Despite being privately owned, these platforms are seen as public spaces that distribute promotional content to wide audiences, thereby falling under ARCON’s purview.
Regarding enforcement, the court noted that while ARCON may issue violation notices, it does not have the power to impose penalties directly. Instead, the authority to levy fines or sanctions lies with the Advertising Offences Tribunal, as defined by law.
Additionally, the court ruled that all advertisements—whether produced by agencies, corporations, or individuals—must be reviewed and approved by ARCON before publication or broadcast. This underscores ARCON’s central role in maintaining ethical and professional advertising standards across all platforms.
The judgment marks a significant legal win for ARCON, which has faced growing challenges since its transformation from the Advertising Practitioners Council of Nigeria (APCON) to ARCON under a new legal regime that broadened its mandate. The agency has recently come under scrutiny over the extent of its regulatory powers, particularly in the expanding digital space.
This ruling is expected to have a wide impact on advertisers, influencers, content creators, and brands in Nigeria, making adherence to ARCON’s approval and regulatory processes a legal requirement.
It also signals the start of a new era in Nigeria’s advertising sector, where regulation extends comprehensively across all forms of public advertising—not just traditional or selected digital channels.
