Stakeholders Spell out Jurisdiction for Advertising Offences Tribunal

…affirm ARCON’s power to regulate social Facebook, others

Raheem Akingbolu

The question of whether the Advertising Regulatory Council of Nigeria (ARCON), has the power to regulate content and advertising materials on various social media platforms was on Tuesday in Lagos addressed and clarified.

Addressing stakeholders in the advertising industry, lawyers and business owners at a Town Hall Meeting, jointly organised by the Advertising Regulatory Council of Nigeria (ARCON), and the Nigerian Bar Association; Lawyers in the Media Forum (NBA-LIM), with the theme “The Nigerian Advertising Law: The Role of the Advertising Offences Tribunal (AOT),” a Senior Advocate of Nigeria, Chief Akinlolu Kehinde SAN, Principal Counsel, Akinlolu Kehinde & Co. said there’s no more ambiguity any longer on whether ARCON has power to regulate Facebook and other social media platforms, arguing that it has been judicially established that the regulatory body has the power to regulate the sector.

Chief Kehinde, whose keynote address was presented by Barrister Leke Kehinde, also pointed out that part of the reasons the Advertising Offences Tribunal (AOT), was established was to regulate digital advertising.

Kehinde stated: “For years, social media advertising, influencer marketing, and digital content operated in a legal grey zone. The AOT has changed that.”

He highlighted that in a landmark judgment in April 2025, the Federal High Court declared that ARCON has the legal authority to regulate advertising on digital platforms like social media.

According to him the judgment confirmed that the AOT’s jurisdiction extends to every advertisement that targets Nigerian consumers, regardless of platform or format.”

The senior advocate emphasized the transformative nature of this development, saying; “it means influencers, skit-makers, bloggers, and brands must comply with the same standards as traditional advertisers. It closes the enforcement gap that allows digital actors to operate without accountability.”

Speaking further, he stated that the establishment of the AOT was not just a legal reform, but a statement of national intent.

“It signals that Nigeria will not leave its people at the mercy of deceptive adverts, unregulated influencers, or exploitative practices”.

He said AOT plays a vital role in the advertising ecosystem as it protects consumers, deters misconduct, regulates digital spaces, preserves industry integrity, and demonstrates constitutional innovation.

“It is a global first, but more importantly, it is a Nigerian solution to Nigerian challenges,” he said.

Earlier in her opening remark, the Chairman of the Advertising Offences Tribunal, Justice Cecilia Olatoregun (retd), emphasised that the tribunal was created to ensure compliance, uphold ethical standards, and address the rising issues of misinformation and regulatory breaches in advertising.

She pointed out that Nigeria’s advertising industry has grown beyond traditional media into a variety of digital platforms, highlighting the need for stronger oversight and a more unified regulatory framework.

According to her, the tribunal had a total of 266 cases but has dispensed 201 while 65 cases are pending

Describing AOT as a gatekeeper, Olatoregun promised that the tribunal will deliver on its mandate.

She said that the AOT represents a systemic evolution that is embedding truth and accountability into the very structure of Nigeria’s advertising environment.

She further called on lawyers in the media space to grow with the tribunal and grow the tribunal.

Also speaking at the town hall meeting, DG, ARCON, Lekan Fadolapo said Nigeria practices preventive advertising regulation, which requires advertisement approval before exposure of the material. He also insisted that the Advertising Standard Panel engages in message regulation and not media regulation.

“Also, in the digital space, what we regulate in the digital media space is just the advertising element and what we do is ensure that there is sanity in that space”

Fadolapo recounted offensive advertisements by some organisations which ARCON stopped without which they would have caused social unrest.

Chairman of Heads of Advertising Sectoral Groups, HASG, Lanre Adisa, feels that the desire is for self-regulation so that practitioners do not need such regulations to operate. He said the fear is the feeling by people of being strangled by too many laws. He however called for more awareness of the advertising laws to ensure compliance.

“Awareness within our industry, and awareness even outside of here. A lot of people who are creating advertising online, in particular, don’t have enough knowledge of what is going on. In advertising, when I’m aware of something, I know what to do”, he said.

Adisa, who commended ARCON moves to ensure sanity and ensure advertising decency said there must be a balance between regulation and the use of technology to ensure that there is efficiency. He said practitioners must feel that they are not being held back with regulation.

During a panel discussion, the ARCON’s Director-General, Fadolapo, shared insights on how digital transformation and e-commerce have changed advertising practices. “We now operate in a borderless advertising world,” he remarked. “This reality calls for enhanced cross-border collaboration and compliance to safeguard consumers and uphold the integrity of the industry.”
Fadolapo stated.