The Advertising Regulatory Council of Nigeria (ARCON) has withdrawn its high-profile lawsuit against social media giant Meta Platforms Incorporated.
Also read: ARCON DG talks tough on breach of Nigeria’s advertising codes
This unexpected development followed the regulatory body’s filing of a notice of discontinuance before Justice Peter Lifu of the Federal High Court in Abuja.
The legal battle, which began on 23 September 2022 with ARCON filing Suit FHC/ABJ/CS/1701/2022 against Meta Platforms Incorporated and AT3 Resources Limited, was initially presided over by Justice A.M. Mohammed. It was later transferred to Justice Peter Lifu in 2023 following Mohammed’s retirement.
The origins of this legal confrontation trace back to a resolution passed by the House of Representatives directing ARCON to implement measures controlling advertisements on social media platforms. ARCON’s subsequent outreach to various platforms reportedly met with resistance from Meta, prompting the initial legal action.
Dr. Olalekan Fadolapo, Director General of ARCON, commented on the regulatory council’s decision: “This withdrawal is not a retreat, but a tactical redeployment.
“Since October 13, 2022, when the writ was filed, we’ve observed continuous violations of the Nigerian advertising code by Meta and its subsidiaries.”
“The lack of progress in bringing the case to trial over the past two years has necessitated a reevaluation of our strategy. Management is doing this to ensure that all social media platforms are operating within the ambit of the law,” he concluded.
Barrister Oloyede Lateef, a legal expert specialising in media and advertising law, explained the significance of ARCON’s move.
“There’s a crucial tactical difference between a case being dismissed and one being struck out. A dismissed case is essentially dead and cannot be revived. However, a struck out case, which is what we have here, can always be brought up again. This gives ARCON the flexibility to reintroduce the case in the future if necessary,” Lateef elucidated.
While industry observers remain divided on the regulation of digital media in the country, many view ARCON’s decision to file for discontinuance as a pragmatic step.
“For a case that hasn’t gone to trial in two years, this was the logical move,” stated a senior advertising executive who wished to remain anonymous.
“The issue of digital media regulation is a very dicey one, but it is crucial to sanitise that space.”
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator and a recipient of the D9112 Superstar Icon Award, who writes ruthlessly about pop culture, religion, politics and entertainment.
