Court Upholds ARCON’s Authority Over Advertising

In a judgment that reshapes Nigeria’s advertising landscape, the Federal High Court in Lagos has confirmed that the Advertising Regulatory Council of Nigeria (ARCON) holds the authority to oversee advertising activities across every platform—ranging from traditional media like print and television to digital and social media spaces.

Delivering the ruling in Suit No. FHC/L/CS/1262/2024, Justice Aluko affirmed ARCON’s powers in a case initiated by Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa, who challenged the council alongside the Attorney General of the Federation.

The claimants, through an originating summons dated July 12, 2024, sought judicial clarification on whether ARCON’s regulatory powers extended to digital advertising and individuals who are not licensed advertising professionals.

In a decisive ruling, the court held that ARCON’s authority is not confined to traditional advertising agencies but encompasses any person or entity engaging in advertising, regardless of professional registration status. Justice Aluko stressed that what matters is the act of advertising itself, not whether the advertiser is a registered practitioner.

Crucially, the judgment addressed advertising on social media platforms. The court ruled that ARCON has jurisdiction over advertisements published on social networks like Instagram, explaining that although such platforms are privately owned, they function as public channels for disseminating commercial content and thus fall under ARCON’s regulatory scope.

On the question of penalties, the court clarified that while ARCON can issue violation notices or letters of infraction, the authority to determine and enforce sanctions lies solely with the Advertising Offences Tribunal, in accordance with the relevant legislation.