Riding on the landmark judgement of the Federal High Court of Lagos in Suit No. FHC/L/CS/1262/2024 which affirms ARCON’s statutory power to regulate advertising and marketing communications across all platforms, the Advertising Regulatory Council of Nigeria (ARCON) has issued a strong warning to all stakeholders involved in the conceptualization, production, dissemination and placement of advertisements in Nigeria.
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.
Without mincing words, the statement was blunt: “ARCON will have its eyes on every platform, and we will no longer condone a culture where advertisers or agencies deliberately mislead the public to serve personal or commercial interests.”
The council further reminded players in the advertising ecosystem that any individual or entity that publish or expose unapproved adverts flouts ARCON’s regulations and will be subject to investigation. “Where violations are established, ARCON will forward the matter to the Advertising Offences Tribunal which has the legal authority to impose sanctions, including fines and other penalties.”
Dr. Fadolapo revealed that the council has strengthened its monitoring and enforcement mechanisms as a special compliance task force has been mandated to track advertisements across all platforms and flag non-compliant content. He urged the general public to also support the initiative by reporting any advertisement that appears deceptive or suspicious.
“As we continue to work towards building a more ethical, professional and consumer-proactive advertising environment in Nigeria, we call on all stakeholders to recommit to the principles of truth, fairness and responsibility,” the ARCON boss appealed.
