…As Federal High Court Affirms ARCON’s Authority Over All Advertising Platforms, Including Social Media
In a powerful and far-reaching declaration, the Advertising Regulatory Council of Nigeria (ARCON) has warned that the era of unregulated and deceptive advertising is over, following a landmark ruling by the Federal High Court in Lagos affirming ARCON’s full statutory powers to regulate advertising and marketing communications across all media platforms, including social media, digital channels, print, broadcast, and Out-of-Home.
The court ruling in Suit No. FHC/L/CS/1262/2024 marks a pivotal moment in Nigeria’s advertising landscape, reinforcing the Council’s legal authority to ensure all advertising content is truthful, ethical, and in compliance with the ARCON Act.
This ruling legally reinforces ARCON’s mandate to oversee advertising on print, broadcast, out-of-home, digital channels, and social media platforms, including Instagram, Facebook, TikTok, X (formerly Twitter), and others.
According to ARCON, this is more than a legal victory, it is a critical milestone in protecting Nigerian consumers from unethical and misleading advertising content.
“This judgment reaffirms what the law already provides: that all advertising content targeting the Nigerian public, regardless of the platform must adhere to ARCON’s standards,” the Council stated.
ARCON has reiterated that every person or entity involved in advertising—from agencies and brand owners to content creators and influencers is bound by the ARCON Act. This includes individuals who promote products or services via personal or business accounts on social media.
Citing the recent CBEX Ponzi scheme, ARCON described how thousands of Nigerians were misled by aggressive and misleading online promotions promising guaranteed returns only to lose their life savings to fraudsters.
“We are deeply concerned about the growing trend of deceptive advertising, particularly on digital platforms, which misleads the public, exploits their trust, and leaves them vulnerable to financial and emotional harm. One recent and painful example is the CBEX ponzi scheme, which was aggressively promoted through misleading and unverified advertising claims.
“Such tragedies show the importance of vetting advertising materials for honesty, transparency, and compliance with
ethical standards before dissemination”.
“If you are advertising to the Nigerian public, you fall under ARCON’s jurisdiction. Social media is not an unregulated space. The court has declared that platforms like Instagram, Facebook, X (formerly Twitter), TikTok, and others fall within our regulatory purview. Influencers and content creators advertising products or services are required to obtain prior
approval of the advertisements before exposure”.
To ensure full compliance, ARCON has activated a Special Compliance Task Force responsible for monitoring all advertising content across platforms and flagging non-compliant materials. Infringements will be investigated and referred to the Advertising Offences Tribunal, which has the legal authority to impose fines and other penalties.
As ARCON sharpens its enforcement tools and deepens its regulatory resolve, one message rings clear across the industry: the age of deceptive, unvetted advertising has come to an end, across every screens. Billboards and timelines.
With its mandate upheld and enforcement mechanisms activated, ARCON has reaffirmed its commitment to building a more ethical, transparent, and consumer-focused advertising environment in Nigeria.
