NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
The ARCON The ARCON was established to regulate adver - tising in Nigeria, and as such it is responsible for ensuring that adverts exposed online comply with the advertising laws. Its enforcement powers include imposing fines on organisations that expose adverts without the approval of the ASP. It can also demand organi - sations take down offending adverts. The FCCPC The FCCPC is responsible for consumer protec - tion. It also ensures that users of social media platforms are protected against unfair commer - cial practices. It has the power to impose fines on undertak - ings that violate consumer protection laws after conducting investigations.
Recent Enforcement Actions The FCCPC recently fined Meta Platforms NGN220 million for violations of data protection laws. This was after a joint investigation by the FCCPC and the NITDA (the erstwhile data pro - tection regulator) into the practices of Meta Plat - forms between May 2021 and December 2023. The ARCON filed a lawsuit against Meta Plat - forms Incorporated claiming NGN30 billion and a declaration that the continued publication and exposure of various advertisements targeting the Nigerian market through Facebook and Ins - tagram, without ensuring the adverts are vetted and approved prior to exposure, is illegal, unlaw - ful and in violation of Nigeria’s advertising laws.
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