A significant ruling by the Federal High Court in Lagos has granted the Advertising Regulatory Council of Nigeria (ARCON) full authority to regulate advertisements across all media platforms, including traditional, digital, and social media. The judgment was made in 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. This case challenged ARCON’s power over digital platform advertisements and those by individuals not registered as advertising professionals.
The court’s decision confirms that ARCON has the legal power to oversee all types of advertising, irrespective of the medium. The judgment made it clear that whether the advertiser is an agency or an individual, ARCON’s regulatory mandate applies as long as the activity is advertising.
A notable aspect of this ruling is the court’s stance on social media. It confirmed that platforms like Instagram fall under ARCON’s jurisdiction, as they are accessible to the public and used to broadcast advertisements to large audiences.
Regarding sanctions, the court clarified that while ARCON can issue violation notices, the authority to impose penalties lies with the Advertising Offences Tribunal. Additionally, all advertisements, regardless of the creator, must be approved by ARCON before being aired or published.
This ruling is a major legal victory for ARCON, solidifying its expanded powers after its transition from the Advertising Practitioners Council of Nigeria (APCON) to ARCON. It is expected to significantly impact advertisers, influencers, and brands in Nigeria, as they must now comply with ARCON’s regulatory processes. This ruling marks a shift in Nigeria’s advertising industry, extending oversight to the entire advertising landscape.
