You are a young creative working on a bold new ad campaign for a fintech startup. You have nailed the message. The visuals are clean. The copy pops. Just when you are ready to go live, a message comes through: “Has this been vetted by ARCON?”

Suddenly, you are not just juggling deadlines and client feedback, you are navigating the fine print of Nigeria’s advertising law.

Welcome to the world of the Advertising Regulatory Council of Nigeria (ARCON) Act, 2022, a sweeping piece of legislation that’s quietly reshaping the rules of engagement in Nigeria’s advertising landscape.

ARCON is more than a rebrand of the now-defunct Advertising Practitioners Council of Nigeria (APCON); it’s a full-blown regulatory reset, aimed at professionalising the advertising industry, protecting consumers, and catching up with a world where a tweet can be an ad, and influencers sell more than billboards ever could.

Let’s unpack what this Act means and why you should care, whether you are an advertiser or just someone tired of seeing suspicious “slim tea” before-and-after ads online.

From APCON to ARCON

To understand the ARCON Act, we have to understand what it’s replacing.

Under APCON, advertising regulation focused heavily on registered practitioners. But as the market evolved, this model started to crack. Anyone could push out ads on social media, influencers could run campaigns with no oversight, and even public sector ads sometimes flew under the radar. The tools had changed, but the rules hadn’t.

So in 2022, Nigeria passed the ARCON Act, 2022, abolishing APCON and setting up a new council with teeth, reach, and a far broader mandate.

Now, ARCON isn’t just regulating who makes the ads, it’s regulating everything and everyone involved in the business of advertising. From concept to content, from agency to advertiser, ARCON wants to know what you are putting out there, and that it meets the law.

ARCON’s Mission

So, what exactly is ARCON trying to do?

Section 2 of the Act spells it out, but here’s the spirit of the law in real terms:

• Protect the public from lies, half-truths, and harmful content.
• Professionalise the industry, no more moonlighting creatives with no training.
• Promote Nigerian talent and culture, the local faces, the local stories.
• Create fair competition where agencies aren’t undercut by rogue operators.
• Elevate Nigeria’s global ad game by aligning with international standards.

In essence, ARCON wants to build an advertising sector that is credible and competitive, and that means drawing clear lines about who gets to play and how.

Who Falls Under ARCON’s Jurisdiction? Short Answer: Everyone

Here’s where things get serious.

The ARCON Act doesn’t just target ad agencies or creative directors. It applies to any individual, brand, company, or government body that produces, sponsors, or benefits from an advert shown in Nigeria.

So whether you are:

• A small business owner running Facebook ads,
• A government ministry promoting a health campaign,
• A social media influencer doing a paid partnership,
• A multinational launching a Nigerian product…

You’re expected to register, comply, and get clearance.

This wide net is a deliberate move. No more claiming “I am not a registered practitioner” to dodge accountability. If you’re advertising to Nigerians, you are under ARCON’s jurisdiction.

The New Rules of the Game – What You Must Do to Stay Compliant

1. Register and Get Licensed

Whether you are a solo creative or a full-service agency, if you are offering advertising services, you must be registered with ARCON. The Council keeps an official register and determines who qualifies, based on education, experience, and professional conduct.

Failure to register? It’s not just a slap on the wrist. We are talking:

• Up to ₦500,000 fine and 6 months’ jail for individuals,
• At least ₦1,000,000 fine for companies,
• And yes, repeat offenders get higher penalties.

You also can’t enforce a contract or collect payment in court if you weren’t licensed when you did the job. No license = no legal claim to fees. That’s a big deal for freelancers and consultants.

2. Get Every Ad Vetted Before It Goes Public

Want to run an ad? Submit it first. ARCON’s Advertising Standards Panel will vet and approve all content, TV, radio, billboards, print, and online.

If your ad hasn’t been cleared and you run it anyway, you have broken the law.

This process is meant to stop misleading, offensive, or culturally inappropriate ads before they reach the public. But it also slows things down. If your marketing team’s entire strategy is to “go viral by Thursday,” ARCON might be a buzzkill.

Still, the goal is clear, to protect the public and ensure the content meets Nigeria’s legal and cultural standards.

What Power Does ARCON Have? Quite a Bit.

Here’s what ARCON can do and it’s a long list:

• Issue or revoke licenses
• Approve or reject ads
• Investigate ad campaigns and companies
• Access financial records related to marketing
• Fine or prosecute violators
• Order ads to be taken down
• Seal off advertising departments
• Dictates that only licensed professionals can be hired
• Recommend a government policy on advertising

It’s not just a regulator; it’s also a judge, jury, and enforcer.

What Happens If You Break the Rules?

Penalties aren’t just symbolic. Let’s say you publish an unapproved ad with misleading claims:

• You can be fined heavily,
• Your business may be shut down,
• You could even go to jail,
• Directors or managers can be held personally liable,
• You might be blacklisted from future campaigns.

Even worse, the law says you can’t enforce your contract in court if you weren’t licensed. That’s a serious deterrent, and it’s working its way through the industry already.

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How Disputes Get Resolved

ARCON has built its justice system:

• The Advertising Offences Tribunal handles violations of the Act.
• The Disciplinary Committee deals with practitioner misconduct.
• The Arbitration Panel can resolve business disputes, as the court does.
• Internal appeals let you challenge decisions from the vetting panel.

This layered process aims to make resolution faster and more expert-driven, reducing backlogs in the regular courts while offering tailored redress for industry-specific issues.

The Pain Points: What Stakeholders ( Me and You ) Are Worried About

The ARCON Act is ambitious, but not without controversy. Here’s what’s keeping people up at night:

– Cost of Compliance: Registration fees, vetting charges, and compliance consultants, all these add up. For small businesses and startups, these costs can make advertising feel out of reach.

– Delays in Ad Launches: The vetting process, while necessary, can slow campaigns down, especially for digital marketers used to real-time posts.

– Limited Creative Flexibility: Strict rules on decency and cultural sensitivity may make brands play it safe. This could stifle bold, edgy, or globally aligned campaigns.

– Impact on Digital Talent: Influencers, skit makers, and social media consultants, many of whom operate informally, might struggle to adjust to formal licensing requirements.

– SMEs Left Behind: If only big agencies can meet ARCON’s requirements, smaller players may be squeezed out. That could lead to less innovation and higher ad service costs.

So, What Does This Mean for You?

If you are in advertising, marketing, media, or even just running a business with a Facebook page, this law affects you.

• Agencies must professionalise or risk penalties.
• Brands must build in time and budget for compliance.
• Consumers stand to benefit from cleaner, more honest ads.
• Creatives will face higher standards but also higher legitimacy.

And for policymakers? ARCON is a test case: can Nigeria regulate a fast-evolving industry without choking its creativity?

A New Era Begins

The ARCON Act, 2022, is a bold move. It’s attempting to raise the floor of the advertising industry while also lifting the ceiling. It’s saying: “We want ads that are ethical, empowering, and economically sound.”

But the success of this law won’t be measured by how strict it is. It will be measured by how smartly it’s implemented.

Can ARCON streamline processes for digital creators? Will it support SMEs with tailored guidance? Can it enforce the rules without stifling innovation?

Those are the real questions. The law has been written, but the story is still being told.

One thing is clear, in Nigeria today, advertising isn’t a free-for-all anymore. If you want to sell, promote, or influence, you will have to play by ARCON’s new rules.