Nigeria’s Advertising Regulator ARCON Cracks Down on Deceptive Social Media Promotions
The Advertising Regulatory Council of Nigeria (ARCON) has issued a stern warning to advertisers and influencers against running unapproved or misleading promotions across all media platforms.
Strict Enforcement of Advertising Regulations
In a statement released by Director General Olalekan Fadolapo, ARCON declared that all advertising content – whether from agencies, brands, content creators or individuals – must comply with the council’s regulatory framework.
“The era of lawless advertising is over,” the council warned. “ARCON is watching, and the law will be enforced.”
This crackdown follows a landmark Federal High Court judgment (FHC/L/CS/1262/2024) affirming ARCON’s authority to regulate advertising across all media channels, including social platforms.
New Approval Requirements
ARCON now mandates that:
- All advertisements must be vetted and approved before publication
- This applies to all media – TV, radio, print, digital and social media
- Influencers must obtain prior approval for promotional content
The council cited the CBEX Ponzi scheme as a prime example of harmful, unregulated advertising. Premium Times reported how the scheme defrauded Nigerians of an estimated N1.3 trillion through deceptive promotions.
Legal Backing and Compliance Measures
The recent court case (Digi Bay Limited vs. Attorney General & ARCON) established that:
- ARCON’s authority covers all advertising activities, regardless of platform
- Regulation applies to both registered practitioners and private individuals
- The determining factor is the advertising activity itself
ARCON is establishing a special compliance task force to monitor advertisements and flag violations. Offenders will face investigation and potential penalties from the Advertising Offences Tribunal.
Industry Reactions
The ruling has sparked mixed reactions:
- Some marketers question the practicality of the approval process
- Lawyer @Mazi_Ifenna clarified that content creators must now submit promotional skits for vetting
- Tech lawyer John Oladapo called the ARCON Act a “regulatory nightmare“
This development follows ARCON’s 2023 N30 billion lawsuit against Meta for running unvetted ads on Facebook and Instagram.