Court affirms ARCON’s authority to regulate advertising on social media

The federal high court in Lagos has upheld the power of the Advertising Regulatory Council of Nigeria (ARCON) to oversee advertising across all media platforms, including social media.

The ruling, delivered by Justice Aluko in suit no. FHC/L/CS/1262/2024, on Tuesday, reinforced the regulatory scope of the council.

Before now, Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Kunle Olamuyiwa, chief operating officer at Betway, brought the case, which challenged ARCON and the attorney-general of the federation (AGF).

The plaintiffs sought clarity on ARCON’s jurisdiction over digital platforms and non-registered advertising practitioners.

In his ruling, Aluko clarified that ARCON’s authority extends to all forms of advertising, irrespective of the platform or the status of the advertiser.

The judge said the key factor is the activity of advertising itself, not whether the individual or entity is a registered practitioner.

Regarding the ruling on social media, the judge affirmed that ARCON can regulate advertisements on platforms like Instagram, noting that “these are public spaces used for broadcasting ads to large audiences”.

“The Advertising Regulatory Council of Nigeria (ARCON) possesses statutory authority to regulate not only advertising agencies but also private individuals engaged in advertising activities. Additionally, while Instagram is a privately owned platform, it serves as a public medium for advertisements and, as such, falls within ARCON’s regulatory jurisdiction,” Aluko said.

He said that while ARCON can issue violation notices, the power to impose sanctions lies with the advertising offences tribunal, as stipulated by law.

Also, the judge mandated that all advertising content must undergo ARCON’s vetting and approval process before publication or airing.

The ruling marks a major legal victory for ARCON, especially amidst recent challenges and scrutiny over its expanded regulatory powers following its transition from the Advertising Practitioners Council of Nigeria (APCON).

Last year, a federal high court in Lagos granted an interim order restraining ARCON or its agents from demanding N60 billion from Facebook Nigeria over an alleged violation.