By Bianca Iboma-Emefu

Justice Aluko gave the verdict while delivering judgment in the suit, FHC/L/CS/1262/2024, filed by Digi Bay Limited (trading under the name and style of Betway Nigeria), Super Group Limited and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.

In the originating summons, dated July 12, 2024, the suit sought a judicial determination of ARCON’s powers, especially as it relates to advertising content published on digital platforms and by individuals not registered as advertising practitioners.

The court held that ARCON possesses the statutory authority to regulate all forms of advertising, regardless of the platform on which they appear.

The court said ARCON’s regulatory mandate extends beyond registered advertising agencies to include private individuals who engage in advertising activities.

Justice Aluko emphasized that the determining factor is the nature of the activity, which is advertising, and not the status of the individual or entity as a practitioner or non-practitioner.

The court further declared that ARCON has the power to regulate advertisements on platforms such as Instagram, despite being privately owned.

According to the court, social media platforms are publicly accessible spaces used to broadcast advertise to wide audiences, and as such they fall under the jurisdiction of ARCON.

On the issue of whether ARCON has the power to impose sanctions or fines on erring individuals or entities, the court provided clarity by affirming that ARCON may issue letters of violation or notices of infractions.

However, the court held that the power to determine and impose sanctions resides solely with the Advertising Offences Tribunal, as prescribed by the law.

The court also ruled that all advertising content, whether created by agencies, organizations or individuals, must be vetted and approved by ARCON before being published or aired.