In what has been termed a landmark ruling, a Federal High Court sitting in Lagos has declared that the Advertising Regulatory Council of Nigeria (ARCON) has the legal authority to regulate advertising across all media platforms?including traditional outlets like print and broadcast, as well as digital and social media.

The ruling was delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024, which was filed by Digi Bay Limited (trading under the name and style of Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.

The originating summons, dated July 12, 2024, sought a judicial determination of ARCON?s powers, especially as it relates to advertising content published on digital platforms and by individuals not registered as advertising practitioners.

The court held that ARCON possesses the statutory authority to regulate all forms of advertising, regardless of the platform on which they appear. The judgment stated unequivocally that ARCON?s regulatory mandate extends beyond registered advertising agencies to include private individuals who engage in advertising activities. Justice Aluko emphasized that the determining factor is the nature of the activity?advertising?not the status of the individual or entity as a practitioner or non-practitioner.

One of the most significant outcomes of the ruling was the court?s position on social media regulation. The court declared that ARCON has the power to regulate advertisements on platforms such as Instagram, despite being privately owned. According to the court, social media platforms are publicly accessible spaces used to broadcast advertising to wide audiences, and as such, fall under the jurisdiction of ARCON.

On the issue of whether ARCON has the power to impose sanctions or fines on erring individuals or entities, the court provided clarity by affirming that ARCON may issue letters of violation or notices of infractions. However, the power to determine and impose sanctions resides solely with the Advertising Offences Tribunal, as prescribed by the law.

The court also ruled that all advertising content?whether created by agencies, organizations, or individuals?must be vetted and approved by ARCON before being published or aired. This decision reinforces ARCON?s role as the central authority responsible for ensuring that all advertising materials conform to ethical and professional standards, regardless of the platform.

This judgment is seen as a big legal victory for ARCON, especially in light of the increasing challenges it has faced since transitioning from the Advertising Practitioners Council of Nigeria (APCON) to ARCON under a revised legal framework which extended the scope and influence of its powers. In recent years, the agency has come under legal and media scrutiny from different quarters regarding the extent of its regulatory powers, particularly in the rapidly growing and often unregulated digital advertising space.

The decision is expected to have far-reaching implications for content creators, influencers, advertisers, and brands operating within the country, as compliance with ARCON?s vetting and regulatory processes becomes legally binding.

The ruling also signals a new phase in Nigeria?s advertising industry, where regulatory oversight will no longer be limited to traditional media and some digital channels alone but will encompass the entire spectrum of public communication. (Brand Communicator)

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