Advertising is an important tool for providing visibility to a business's products and services. Over the years, advertising has evolved from traditional (billboards, television, or radio jingles) to digital adverts that leverage technology and social media platforms. The Advertising Regulatory Council of Nigeria (ARCON) was established in 2022 to replace the Advertising Practitioners Council of Nigeria (APCON). The ARCON Act, which created ARCON, gave it powers which were significantly wider than those of APCON.

ARCON's expanded functions now include overseeing self-advertising by any person (whether an advertising practitioner or not) who sponsors or takes benefit of an advertisement or marketing communications service. In addition, the Act requires pre-publication approval for the exposure of any promotional material or advertisement on any platform including social media. This requirement, and ARCON's expanded authority remain a controversial issue that has sparked debates, leading to several criminal prosecutions at the Advertising Offences Tribunal, and challenges at the Federal High Court.

This article examines the constitutionality of some of ARCON's powers, relevant case law, and statutes...