ARCON: Court Ruling on Social Media Regulation Will Promote Sanity

Raheem Akingbolu

The Advertising Regulatory Council of Nigeria (ARCON) has described the recent court judgement which confirmed the council’s power to regulate advertising content on various social media platforms as a victory for Nigerian consumers.

In a recent judgement of the Federal High Court of Lagos in Suit No. FHC/L/CS/1262/2024, the regulatory council was given statutory power to regulate advertising and marketing communications across all platforms. To this end, the council issued a strong warning to all stakeholders involved in the conceptualisation, production, dissemination and placement of advertisements in Nigeria not to abuse the sensibilities of consumers or work contrary to the provision of the law of the land.

In a statement signed by the director general and chief executive officer of the Council, Dr. Olalekan Fadolapo, the apex regulatory body for advertising in Nigeria reminded all agencies, advertisers, media owners, content creators, influencers, business owners and individuals that engage in advertising activities that they are subject to the laws guiding advertising and must adhere strictly to the provisions of the ARCON Act.

“If you are advertising to the Nigerian public, you fall under ARCON’s jurisdiction. Social media is not an unregulated space,” it stated, pointing out that the Court has declared that platforms like Instagram, Facebook, X (formerly Twitter), Tiktok, and others fall within the council’s regulatory purview.

“As stipulated by law, all advertisements must be vetted and approved by ARCON before being made public – whether they appear on television, radio, billboards, newspapers, social media or any other channel. Advertisements that misrepresent facts, omit critical information, or are designed to exploit vulnerable audiences will not be tolerated,” the council stated.