ARCON, the Advertising Regulatory Council of Nigeria, has been granted permission by the Abuja Division of the Federal High Court to serve a writ of summons on Meta, the parent company of Facebook. The decision was made following an application by ARCON in a pending N30 billion lawsuit against Meta for violating Nigerian advertising laws. The writ is to be served at Meta's corporate headquarters, which also owns Instagram, Messenger, and WhatsApp social media platforms.
Meta is the first defendant in the case, while AT3 Resources Limited is the second defendant. ARCON is seeking a declaration that Meta's publication of various advertisements and marketing communication materials targeted at Nigeria without prior vetting and approval by its advertising standards panel is illegal. The regulatory body also claims that this act disregards Nigerian culture, constitutional tenets, moral values, and the religious sensitivity of its citizens.
ARCON is therefore seeking an order of perpetual injunction restraining the defendants, their privies, agents, servants, and associates from publishing any advertising or marketing communication materials without first seeking approval from ARCON in line with Nigeria's advertising laws. Additionally, ARCON is seeking N30 billion in fines and sanctions for the continued violations and infractions of the Advertising Regulatory Council of Nigeria Act No. 23 of 2022.
The lawsuit by ARCON is a significant step in regulating advertising practices in Nigeria. The Advertising Regulatory Council of Nigeria Act No. 23 of 2022 was enacted to regulate advertising activities, promote ethical advertising, and protect consumers from misleading advertisements. The act requires that all advertisements be vetted and approved by ARCON before publication to ensure compliance with the country's advertising laws.
ARCON's legal action against Meta reinforces the importance of complying with advertising laws and regulations in Nigeria. Advertisers, both local and international, must seek approval from ARCON before publishing advertisements or marketing communication materials in Nigeria. This regulatory requirement ensures that advertisements are ethical, comply with local laws, and are sensitive to the cultural, moral, and religious values of Nigerians
