In a pivotal development for Nigeria’s advertising landscape, the Federal High Court in Lagos has affirmed the legal authority of the Advertising Regulatory Council of Nigeria (ARCON) to regulate advertising content across all media platforms. This includes not only traditional print and broadcast outlets but also the vast and often loosely regulated digital and social media spaces.
The judgment, delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024, responded to a case brought before the court by Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa. The suit, filed against the Attorney General of the Federation and ARCON, challenged the extent of ARCON’s regulatory powers, particularly in the context of digital advertising and the involvement of individuals who are not formally recognized as advertising practitioners.
Filed on July 12, 2024, the originating summons sought judicial clarification on whether ARCON’s oversight extended to advertising content disseminated online, and whether the Council could regulate content created and distributed by unregistered individuals or entities.
In a firm and far-reaching decision, the court ruled that ARCON indeed holds statutory authority to oversee and regulate all forms of advertising, irrespective of the platform used or the professional status of the person or entity involved. Justice Aluko emphasized that what qualifies content for regulation is its nature as advertising—not the identity of the advertiser. Therefore, even individuals who are not registered advertising professionals fall within ARCON’s regulatory reach if they engage in advertising activities.
A particularly noteworthy element of the ruling was the court's stance on advertising via social media platforms. Despite their private ownership, platforms like Instagram were deemed to fall under ARCON's jurisdiction due to their public accessibility and wide reach. The court reasoned that these platforms function as modern broadcast media, and thus must adhere to national advertising standards and oversight.
The ruling also brought clarity to the issue of enforcement powers. While ARCON is empowered to identify and flag violations through letters or notices of infractions, the court held that the actual imposition of sanctions or fines must come through the Advertising Offences Tribunal, the designated adjudicatory body established under the law.
Furthermore, the court reinforced ARCON’s core function of pre-approval of advertising materials. Whether an advertisement is produced by an agency, a corporation, or an independent content creator, it must first be vetted and approved by ARCON prior to dissemination. This requirement, the court affirmed, is a legal obligation aimed at maintaining ethical standards and protecting the public from misleading or harmful content.
The judgment marks a significant legal and institutional milestone for ARCON, which has faced increasing scrutiny since its transformation from the Advertising Practitioners Council of Nigeria (APCON) into a broader regulatory body with enhanced powers. This transition, driven by the need to adapt to the evolving media environment, has expanded ARCON’s mandate to address new forms of advertising that have emerged with the digital age.
As the dust settles on this landmark ruling, its implications are expected to reverberate across Nigeria’s advertising ecosystem. Content creators, influencers, digital marketers, and brands will now be required to adhere strictly to ARCON’s regulations, or risk running afoul of the law.
Ultimately, this judgment signals the beginning of a more comprehensive era of advertising oversight in Nigeria—one that recognizes the changing media landscape and seeks to bring all forms of public communication under consistent regulatory scrutiny.