The recent ruling by the Federal High Court affirming ARCON’s authority to regulate all advertising including social media content is a watershed moment for Nigeria’s digital economy. For influencers, content creators, and brand marketers, it signals the end of a largely unregulated era and the beginning of structured oversight in online advertising.
Here’s a breakdown of what this means for digital players:
Mandatory Vetting Before Posting Ads
Influencers can no longer post brand-sponsored content without first securing ARCON’s approval. Whether it’s a beauty tutorial, tech review, or lifestyle endorsement, any content that promotes a product or service qualifies as advertising and must be vetted. This process, typically done through an agency or directly via ARCON, will now apply to individual creators as well.
Formal Accountability for Paid Partnerships
This ruling elevates the legal risk of non-compliance. If an influencer posts an unvetted ad, knowingly or not, they may be issued a notice of violation. While ARCON can’t impose fines directly, the Advertising Offences Tribunal has the legal authority to enforce sanctions. Creators will need to be more transparent and diligent in structuring partnerships.
Increased Demand for Professionalism
To operate within the law, influencers may now need to work with certified advertising practitioners or agencies to ensure their content meets ARCON’s advertising code. The era of casual brand partnerships is evolving into one that prioritizes professional compliance, content integrity, and ethical messaging.
Cost and Workflow Adjustments
The added vetting step introduces a new workflow and potential costs into digital advertising. Creators and marketers will need to factor in time for ARCON approval, potentially affecting campaign timelines and launch dates. This could also lead to a shift in how influencer marketing contracts are structured.
Better Industry Structure and Credibility
On the positive side, this move could enhance the credibility of Nigeria’s influencer marketing space. With formal regulation, clear standards, and ethical oversight, brands and agencies may be more confident in investing in digital creators. It also raises the bar for who qualifies as a legitimate influencer, encouraging more professionalism and accountability.
Advertising Is Advertising — Platform and Person Don’t Matter
The court’s position is unambiguous: anyone engaging in advertising, whether a corporate agency or a private individual is subject to ARCON’s rules. The judgment clarified that it is the nature of the activity (i.e., advertising) that triggers regulatory oversight, not whether the person is a registered advertising practitioner.
This interpretation expands the regulatory net to include social media influencers, content creators, bloggers, online vendors, public figures, and even everyday individuals who promote goods, services, or causes for compensation or publicity.
Whether it’s a YouTuber reviewing skincare products, a celebrity promoting a betting platform on Instagram, or a TikTok creator doing a brand.
The Federal High Court in Lagos had affirmed the agency’s sweeping authority to regulate advertising across all platforms; traditional, digital, and social media inclusive.
The verdict, delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024, puts to rest months of debate over ARCON’s reach, particularly in Nigeria’s booming but loosely regulated digital advertising space.
The suit was filed by Digi Bay Limited (operating as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON, challenging the agency’s authority to regulate advertisements on platforms such as Instagram and other digital channels, especially when created by individuals or companies not registered as advertising practitioners.
But in a decisive judgment, the court held that ARCON has full statutory powers to regulate all forms of advertising in Nigeria, regardless of the medium or who creates it.
