A Landmark Ruling That Rewrites the Rules of Digital Nigeria
By IDNN Legal & Digital Policy Desk
📍 Published: Friday, May 2, 2025
In a ruling delivered Thursday, a Federal High Court in Lagos has affirmed that the Advertising Regulatory Council of Nigeria (ARCON) has the full legal right to regulate all digital advertising content, including paid influencer posts on social media platforms like Instagram, TikTok, Facebook, and YouTube.
Justice Olufemi Kayode ruled that ARCON’s mandate under the 2022 Advertising Regulatory Reform Act extends to the digital ecosystem — a domain previously treated as grey space.
“The digital space is not lawless. Commercial speech, wherever it occurs, is subject to national regulation,” the judge stated.
What This Means: If You Post Ads, You’re Under ARCON
The judgment officially brings influencers, online creators, content studios, and digital ad buyers under ARCON’s licensing, clearance, and compliance net.
This includes:
-
Approval for sponsored content or product placements
-
Pre-registration for influencers making income through digital promotion
-
Sanctions for misleading health, investment, or political ads
ARCON DG Olalekan Fadolapo hailed the judgment as a “major victory for consumer protection in Nigeria’s digital age.”
“This is not censorship. It is a way to protect citizens from abuse, misinformation, and fake endorsements,” he said at a post-ruling press briefing in Abuja.
Pushback from Creators: ‘Regulation or Revenue Kill?’
But not everyone’s celebrating. The Nigerian Influencers Collective (NIC) issued a sharp statement calling the ruling a “bureaucratic chokehold on creative expression.”
“This is a bad-faith attempt to tax the youth’s hustle. Many of us survive by freelancing brand deals. Now they want us to buy licenses to post content?”
— NIC President, Sarah Adebayo
Tech policy analysts say ARCON must walk a tightrope between regulation and innovation.
“Yes, standards are needed. But if Nigeria overregulates too early, we’ll drive out talent to Ghana, Kenya, or the UAE,” said digital strategist Bayo Daniels.
Global Context: Who Else Regulates Influencers?
Nigeria now joins countries like:
-
France – mandates disclosure for edited body images
-
India – requires tax compliance for all ad-linked influencer income
-
UK – forces celebrities to disclose paid promotions or face FTC-style penalties
But unlike most democracies, Nigeria’s ARCON combines regulation and enforcement under one agency, with no independent appeal body — a setup critics say threatens fairness.
What Comes Next: A Digital Economy Redrawn
The ruling takes immediate effect. ARCON says it will launch:
-
A Digital Ad Registry
-
Mandatory workshops for creators and agencies
-
An ARCON–Meta compliance portal for Nigeria-based ad accounts
Media lawyers expect the ruling to trigger industry-wide restructuring, especially for ad agencies and social media management firms.
“We’re witnessing the formal institutionalization of Nigeria’s influencer economy,” said Chinedu Ogbonna of TechLaw Africa.
