The Federal High Court in Lagos has declared that the Advertising Regulatory Council of Nigeria has the legal authority to regulate advertising content across all platforms, including social media, digital channels, print, and broadcast media.

According to a statement by ARCON, delivered by Justice Aluko in Suit No. FHC/L/CS/1262/2024, the ruling stemmed from a case filed by Digi Bay Limited (trading as Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.

The plaintiffs sought a judicial interpretation of ARCON’s regulatory reach, particularly regarding digital advertising and whether individuals not registered as advertising practitioners fall within the Council’s jurisdiction.

The court firmly ruled in ARCON’s favour, affirming that its statutory powers extend to all forms of advertising, irrespective of the platform or the status of the advertiser.

Justice Aluko emphasised that what matters is the nature of the activity, advertising, not whether the individual or entity is a registered practitioner.

“Critically, the court upheld ARCON’s regulatory authority over advertising on social media platforms like Instagram, declaring them public channels used to reach mass audiences. As such, content published there falls under ARCON’s oversight, even if the platform is privately owned,” it said.

The court further clarified that while ARCON can issue violation notices or infraction letters, the power to impose penalties lies exclusively with the Advertising Offences Tribunal.

“This delineation of enforcement power reinforces due process while maintaining ARCON’s role in upholding ethical advertising standards,” it stated.

It added that the judgment mandates that all advertising content, whether from individuals, agencies, or organisations, must receive ARCON’s vetting and approval before being made public.

“This requirement cements the Council’s role as the gatekeeper for ethical advertising in Nigeria,” it emphasised.

The ruling is being hailed as a major legal win for ARCON, especially following its transition from the Advertising Practitioners Council of Nigeria under a new legal regime that broadened its authority.

It further addressed long-standing debates about the regulation of the rapidly evolving digital advertising space and strengthened ARCON’s hand in maintaining industry standards.

“For influencers, content creators, brands, and advertisers, the decision signals a new era where compliance with ARCON regulations is no longer optional, but a legal obligation across all media,” it stated.