The Federal High Court sitting in Lagos has ruled that the Advertising Regulatory Council of Nigeria has the legal authority to regulate advertising activities across all media platforms—ranging from traditional print and broadcast media to digital and social media.
The ruling, delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024, marks a significant legal milestone for ARCON, affirming its expansive regulatory jurisdiction. The suit was instituted by Digi Bay Limited (trading as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON. The plaintiffs had sought judicial interpretation of ARCON’s powers, particularly its authority over digital content and the role of individuals not registered as advertising practitioners.
In his judgment, Justice Aluko upheld ARCON’s statutory mandate, declaring that the Council possesses the power to regulate all forms of advertising, irrespective of the medium or the status of the advertiser.
The court stated that the determining factor for regulation is the activity of advertising itself, not whether the individual or organisation is a registered advertising practitioner. The ruling thus affirmed that ARCON’s regulatory scope extends to private individuals, influencers, and content creators who engage in advertising, as well as agencies and corporate entities.
One of the most consequential aspects of the ruling concerned social media platforms. The court clarified that ARCON has the legal mandate to oversee advertisements disseminated via platforms such as Instagram, despite these platforms being privately owned. Justice Aluko explained that, because social media is publicly accessible and used to broadcast messages to large audiences, it falls within ARCON’s jurisdiction.
On the question of ARCON’s ability to impose penalties, the court drew a distinction between regulatory functions and judicial authority. While ARCON may issue letters of violation or notices of infractions, only the Advertising Offences Tribunal is legally empowered to determine and impose sanctions, as stipulated by law.
The court further ruled that “all advertising content—whether created by agencies, organisations, or individuals—must be vetted and approved by ARCON before being published or aired.” This reinforces ARCON’s central role in safeguarding ethical and professional advertising standards across all platforms.
The judgement is a major legal boost for ARCON, especially following controversies surrounding its transition from the Advertising Practitioners Council of Nigeria to a broader regulatory body under the ARCON Act. The revised legal framework expanded ARCON’s powers to include oversight over non-traditional and digital media, a move that has faced stiff opposition from sections of the advertising and content creation community.
The decision is expected to carry far-reaching implications for Nigeria’s advertising ecosystem. Content creators, influencers, digital marketers, advertisers, and brands are now legally required to ensure compliance with ARCON’s vetting and regulatory processes. Failure to do so could result in formal infractions that may be subject to review by the Advertising Offences Tribunal.
