…..Affirms Consumer Protection Remains Paramount
The Advertising Regulatory Council of Nigeria (ARCON) has warned all stakeholders involved in the conceptualization, production, dissemination and placement of advertisements in Nigeria against deceptive advertising practices.
This was stated in a press release issued by the Council on Monday and signed by the Director-General of ARCON, Dr. Olalekan Fadolapo.
ARCON which welcomes the landmark judgement delivered by the Federal High Court in Lagos in Suit No. FHC/L/CS/1262/2024, which affirms ARCON’s statutory powers to regulate advertising and marketing communications across all platforms including print, broadcast, out-of-home, and notably, social media platforms said the judgement is not just a legal affirmation of ARCON’s mandate but a critical reinforcement of responsibility to protect the Nigerian public from harmful, deceptive, and unethical advertising practices.
The Council stated further that 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.
“In light of this judgement and recent disturbing developments in the marketplace and 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 owners, influencer, or individual that engages in advertising activities must adhere to 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 therefore influencers and content creators advertising products or services are required to obtain prior approval of the advertisements before exposure.”
The Director General in the statement also said any individual or entity that publish or expose unapproved advert flouts ARCON’s regulations and will be subject to investigation and where violators are established, ARCON will forward the matter to the Advertising Offences Tribunal, which has legal authority to impose sanctions, including fines and other penalties.
“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.”
He gave the recent and painful example of CBEX Ponzi scheme, which was aggressively promoted through misleading and unverified advertising claims. “This scheme lured thousands of Nigerians with false promises of guaranteed returns, only for many to lose their hard-earned money to fraudulent operators.
“Such tragedies show the importance of vetting advertising materials for honesty, transparency, and compliance with ethical standards before dissemination,” he said.
Dr. Fadolapo in the statement explained that as stipulated by law, all advertisements must be vetted and approved by ARCON before being made public whether they appear on television, radio, billboards, newspapers, social media platforms, or any other channel. “Advertisements that misrepresent facts, omit critical information, or are designed to exploit vulnerable audiences will not be tolerated.
He added: “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.
“The responsibility of protecting Nigerian consumers from false, misleading, and harmful advertising is one that ARCON takes seriously because advertising is a powerful tool, and when misused, it can cause significant societal and economic damage. Stakeholders must remember that their duty is not only to their organisation but also to the public whose trust rely on.”
The DG disclosed further that ARCON is currently strengthening its monitoring and enforcement mechanisms. “A special compliance task force has been mandated to track advertisements across all platforms and swiftly identify and flag non-compliant content.
“We urge the public to also support this initiative by reporting any advertisement that appears deceptive or suspicious and as we continue to work towards building a more critical, professional, and consumer-protective advertising environment in Nigeria, we call on all stakeholders to recommit to the principles of truth, fairness, and responsibility.”
He said the era of lawless advertising is over and those who are involved in the business of persuasion know that ARCON is watching, and the law will be enforced.
