Overview
Introduction The highest regulatory authority in Nigeria for advertising, marketing communications, and associated activities is the Advertising Regulatory Council of Nigeria (ARCON), which was established pursuant to the Advertising Regulatory Council of Nigeria Act, 2022. ARCON is responsible for upholding moral principles, protecting consumers, and maintaining the general integrity of the advertising sector, among other broad statutory responsibilities. In Digi Bay Limited v Attorney General of the Federation & ARCON, the Federal High Court, coram the Honourable Justice Aluko, delivered a notable ruling that clarified the extent of ARCON's powers, especially its control over advertisement on all media platforms, including digital and social media.
This decision provides the much-needed clarity on the scope of ARCON's jurisdiction and enforcement powers, marking a watershed moment in the development of advertising regulation in Nigeria. Understanding ARCON’s MandateFollowing the enactment of the Advertising Regulatory Council of Nigeria (ARCON) Bill, the Advertising Practitioners Council of Nigeria (APCON) was renamed the Advertising Regulatory Council of Nigeria (ARCON). ARCON was tasked pursuant to the ARCON Act of 2022 to regulate and control advertising in Nigeria.
Its primary objectives include ensuring that all advertisements targeting Nigeria are legal, ethical, and culturally appropriate; promoting the use of local talent and resources to boost the economy; facilitating efficient advertising and marketing practices; and fostering fair competition while encouraging Nigerian ownership and participation in the industry. ARCON is also mandated under the Act to regulate and oversee all advertising and marketing communications targeting Nigeria, establish regulatory standards for government agencies, prevent the dissemination of harmful or offensive advertisements, and ensure that all advertising content is legal, truthful, respectful, and free from misinformation.
