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Court Affirms ARCON’s Power to Regulate Ads on Social Media, Others

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Federal High Court sitting in Lagos has declared that Advertising Regulatory Council of Nigeria (ARCON) has the legal authority to regulate advertising across all media platforms, including traditional outlets such as print and broadcast, as well as digital and social media.

Court Affirms ARCON’s Power to Regulate Ads on Social Media, Others

The landmark ruling strengthens the regulatory powers of the Advertising Regulatory Council of Nigeria.

The ruling was delivered by Honourable Justice Aluko in Suit No. 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.

The originating summons, dated 12 July 2024, sought a judicial determination of ARCON’s powers, particularly concerning 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 judgement also stated unequivocally that ARCON’s regulatory mandate extends beyond registered advertising agencies and includes private individuals who engage in advertising activities.

Justice Aluko emphasised that the determining factor is the nature of the activity—advertising—not the status of the individual or entity as a practitioner or non-practitioner.

One of the most significant outcomes of the ruling was the court’s position on social media regulation, affirming that ARCON, as the apex regulatory body in the nation’s advertising ecosystem, has the power to regulate advertisements on platforms such as Instagram, despite being privately owned.

The court noted that social media platforms are publicly accessible spaces used to broadcast advertising to wide audiences and, as such, fall under ARCON’s jurisdiction.

Regarding 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 power to determine and impose sanctions, it stated, resides solely with the Advertising Offences Tribunal, as prescribed by law.

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

This decision reinforces ARCON’s role as the central authority responsible for ensuring that all advertising materials conform to ethical and professional standards, regardless of the platform.

Several practitioners in the nation’s advertising sector view the judgement as a significant legal victory for ARCON, especially in light of the increasing challenges it has faced since transitioning from the Advertising Practitioners Council of Nigeria (APCON) to ARCON under a revised legal framework, which extended the scope and influence of its powers.

In recent years, the agency has faced legal and media scrutiny from various quarters regarding the extent of its regulatory powers, particularly in the rapidly growing and often unregulated digital advertising space.

The decision, they argued, will have far-reaching implications for content creators, influencers, advertisers, and brands operating within the country, as compliance with ARCON’s vetting and regulatory processes becomes legally binding.

The ruling also signals a new phase in Nigeria’s advertising industry, where regulatory oversight will no longer be limited to traditional media and certain digital channels but will encompass the entire spectrum of public communication.

 

 

 

 

 

 

 

 

 

 


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E-Business

Nigeria Needs Some 480,000 Local DPOs for Data Protection

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Nigeria needs some 480,000 data protection officers (DPOs), to develop, implement, and oversee organizations’ data privacy strategy to ensure compliance with laws like the GDPR and the Nigeria Data Protection Act (NDPA).

Nigeria Needs Some 480,000 Local DPOs for Data Protection

Currently only about 10,000 individuals possess the necessary certification highlighting a major skills gap, according Vincent Olatunji, national commissioner, Nigeria Data Protection Commission (NDPC).

Olatunji spoke on Monday at the second edition of its Data Protection Officers training and certification programme in Abuja and Lagos.

He said that the NDPC has domesticated the certification of data protection officers (DPOs) to address the widening gap in certified DPOs, despite steady growth in the number of trained professionals over the past three years.

“At the moment, we have about 10,000 certified DPOs to work in that space. The gap of about 480,000 still exists,” he said.

The shortfall reflects rising demand for data privacy skills as more businesses, government agencies and digital platforms process personal data under the Nigeria Data Protection Act.

Olatunji said the number of certified DPOs has grown from fewer than 1,000 three years ago to over 10,000, while more than 27,000 professionals now operate within Nigeria’s wider data protection ecosystem.

He said the commission is scaling up training and certification efforts to close the gap and position Nigeria as a leading source of data protection talent in Africa.

“Our goal is to make Nigeria the go-to country when it comes to sourcing qualified data protection officers in Africa,” he said, adding that the certification meets global standards.

The NDPC said expanding the talent pool could also support job creation and strengthen trust in Nigeria’s digital economy.

Tolu Fadipe, head of research and development at the commission, said data protection is becoming critical as the country moves deeper into digital systems and emerging technologies.

“As we move towards a digital economy, data becomes central and protecting that data is essential,” she said.

Adeola Sopade, lead trainer, said participants in the programme would be trained on global best practices, including data protection principles, compliance requirements and handling user data requests.

The training also includes practical exposure and internships with organisations to improve job readiness.

Participants said the programme offers opportunities for young Nigerians to build careers in technology and prepare for emerging fields such as artificial intelligence.

 

 


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FG Unveils ePharmacy Platform to Regulate Digital Pharmaceutical Services

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Federal government has inaugurated the Electronic Pharmacy Regulation Platform (E-Pharmacy) to enhance the safety of online healthcare services.

FG Unveils ePharmacy Platform to Regulate Digital Pharmaceutical Services

Pic credit….healthreporters.info

The platform, championed by the Pharmacy Council of Nigeria (PCN), is designed to regulate digital pharmaceutical services and improve public health outcomes.

Inaugurating the platform, Prof. Ali Pate, coordinating minister of Health and Social Welfare, said the initiative signified Nigeria’s commitment to building a world-class regulatory environment.

Pate noted that pharmacy regulation had faced significant challenges for over three decades but expressed optimism that the new platform would strengthen oversight and accountability.

He said the initiative would enable evidence-based monitoring of pharmaceutical practices while supporting innovation and investment in the health sector.

“This launch is a testament to our collective commitment to advancing technology in the service of health, safety and human dignity.

“It is a decisive step to ensure that pharmaceutical practice in Nigeria aligns with national and global health priorities, reflecting the realities of the 21st century.

“It enables the country to adopt evidence-based approaches to monitoring and protecting public health while supporting innovation and investment,” he said.

The minister added that the platform would help establish a safe, accessible and well-regulated national e-pharmacy ecosystem driven by digital technology.

Earlier, Alhaji Ibrahim Ahmed, registrar/chief executive officer of PCN, said the need to regulate online pharmacy operations became more urgent during the COVID-19 pandemic.

Ahmed said the pandemic accelerated the adoption of digital tools and e-commerce in healthcare, exposing longstanding inefficiencies in pharmaceutical supply chains, particularly in Africa and Nigeria.

“This has led to the increasing adoption of digitised distribution of essential medicines through cost-effective and technology-enabled models.

“For decades, PCN has regulated pharmacy education, training, practice and business in Nigeria. However, as the world shifts towards digital solutions, access to medicines has evolved.

“The Electronic Pharmacy Regulations 2026 provide a comprehensive legal and technical framework for the registration, licensing, operation and oversight of digital pharmaceutical services,” he said.

He added that the framework would ensure that ethical standards and patient safety are not compromised in the delivery of online pharmaceutical services.


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Flutterwave Targets Anambra as South-East Tech Hub

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Olugbenga Agboola, CEO, Flutterwave, has announced plans to establish Anambra State as the company’s hub for Nigeria’s South East, leveraging a fresh banking license from the Central Bank of Nigeria (CBN) to boost local fintech and businesses.

Flutterwave Targets Anambra as South-East Tech Hub

Flutterwave

Agboola made the disclosure yesterday in Awka during a meeting with Anambra tech community leaders, hosted alongside Dr. Stanley Uzochukwu, CEO, Stanel Group and proprietor, Delborough Hotel.

He highlighted Flutterwave’s status as Africa’s leading payment system, born in Nigeria, with infrastructure powering companies nationwide.

“We want Anambra to be our hub for the entire South East,” Agboola said. “We’ll deploy our systems, fees, infrastructure, and POS terminals to every small business and large firm here, making our services the top consumer choice.”

Agboola pledged a massive impact program for Anambra entrepreneurs to foster global platforms from the state, enabled by the new license for faster growth.

For a decade, Flutterwave has facilitated payments, but now aims to empower South East businesses through partnerships, POS access, loans, and value for SMEs.

“We’re partnering on a huge impact program launching soon—impacting the tech community with technology, financing, and lending to create more millionaires from this city,” he added.


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