Breaking: Court backs ARCON’s full control over all advertising, including social media

A Federal High Court has affirmed ARCON’s authority to regulate all forms of advertising—including on social media—in Nigeria.

In a landmark judgment, the Federal High Court in Lagos has ruled that the Advertising Regulatory Council of Nigeria (ARCON) has full legal authority to regulate all advertising content across every media platform in Nigeria—including social media.

Justice Aluko, who presided over the case (Suit No. FHC/L/CS/1262/2024), ruled that ARCON’s jurisdiction extends to digital advertising and individual content creators, not just registered agencies.

The suit was 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, challenging the council’s oversight powers.

The court stated clearly that “it is the nature of the activity—advertising—that determines ARCON’s authority, not the status of the individual or platform.”

This includes platforms like Instagram, which, despite being privately owned, are deemed public channels due to their advertising reach.

The court further ruled that all advertisements—regardless of origin—must be vetted and approved by ARCON before publication.

However, while ARCON can issue violation notices, the court clarified that only the Advertising Offences Tribunal can impose sanctions or fines.

This ruling is a major boost to ARCON’s regulatory framework, especially in light of its transition from APCON.

It reaffirms the council’s role in maintaining ethical advertising standards across both traditional and digital platforms and has significant implications for influencers, marketers, and content creators across Nigeria.

Rtn. Victor Ojelabi

Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator, who writes ruthlessly about pop culture, religion, politics and entertainment.