ARCON Reads Riot Act To Agencies, Advertisers, Others On Deceptive Advertising, Affirms Consumer Protection Remains Paramount

The Advertising Regulatory Council of Nigeria (ARCON) has issued a decisive warning to all agencies, advertisers, media owners, content creators, influencers, and other stakeholders in the advertising and media ecosystem, declaring a no-tolerance stance against deceptive advertising practices.

This comes on the heels of a landmark judgment by the Federal High Court in Lagos, which reaffirmed ARCON’s legal authority to regulate advertising content across all media platforms—traditional and digital alike.

The ruling in Suit No. FHC/L/CS/1262/2024 not only shows ARCON’s legal mandate but also reinforces its critical role in protecting the Nigerian public from misleading, exploitative, and unethical advertising practices. It decisively confirms that the regulatory oversight of ARCON extends to all formats and channels of advertising, including social media platforms such as Instagram, Facebook, TikTok, and X (formerly Twitter).

In a press statement signed by its Director-General, Dr. Olalekan Fadolapo, ARCON hailed the Federal High Court’s judgment as “a critical reinforcement of our responsibility to protect the Nigerian public from harmful, deceptive, and unethical advertising practices.”

ARCON expressed deep concern over what it described as an “alarming increase in deceptive advertising” on digital platforms, warning that it will no longer tolerate content that manipulates or misleads the public. Citing the recent CBEX ponzi scheme—heavily promoted through unverified and misleading online ads—as a painful example, the Council pointed to the devastating impact on thousands of Nigerians who were lured with false promises of guaranteed returns, only to be defrauded: “We are deeply concerned about the growing trend of deceptive advertising, particularly on digital platforms, which misleads the public, exploits their trust, and leaves them vulnerable to financial and emotional harm.

“This is why advertising must be vetted. Advertising has power, and when abused, it has the capacity to destroy lives, erode public trust, and destabilize the economy,” the statement noted.

“As the apex regulatory body for advertising in Nigeria, ARCON reiterates that all agencies, advertisers, media owners, content creators, influencers, business owners and individuals that engage in advertising  activities are subject to the laws governing advertising and must adhere strictly to the provisions of the ARCON Act.

“Advertisements that misrepresent facts, omit critical information, or are designed to exploit vulnerable audiences will not be tolerated. Let it be made unequivocally clear: 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.

As gatekeepers of advertising in Nigeria, ARCON hereby reminds all players in the advertising ecosystem of the following:

“Any person or entity—whether an agency, brand owner, influencer, or individual that engages in advertising activities must adhere to ARCON’s regulatory framework. If you are advertising to the Nigerian public, you fall under ARCON’s jurisdiction.

“Social media is not an unregulated space. The court has declared that platforms like Instagram, Facebook, X (formerly Twitter), TikTok, and others fall within our regulatory purview. Influencers and content creators advertising products or services are required to obtain prior approval of the advertisements before exposure

“Any individual or entity that publishes or expose unapproved advert 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.

Under the ARCON Act, all advertisements must undergo prior vetting and approval by ARCON before dissemination. This applies to television, radio, billboards, newspapers, social media, and all other advertising channels.

The regulatory body emphasized that any individual or organization—be it an advertiser, agency, influencer, or brand—that violates this requirement will be subject to investigation and potential prosecution. ARCON made it clear that such matters would be referred to the Advertising Offences Tribunal, which has the authority to impose fines and other penalties.

“Let it be unequivocally clear: 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 statement warned.

As part of its renewed commitment to regulatory enforcement, ARCON announced the establishment of a dedicated compliance task force empowered to monitor advertisements across platforms and swiftly identify non-compliant content. The council urged members of the public to support this initiative by reporting any advertisement they find to be deceptive or suspicious.

“As we continue to work toward building a more ethical, professional, and consumer-protective advertising environment in Nigeria, we call on all stakeholders to recommit to the principles of truth, fairness, and responsibility.

“The era of lawless advertising is over. Let all those who are involved in the business of persuasion know: ARCON is watching, and the law will be enforced,” the statement concluded.