The Advertising Regulatory Council of Nigeria (ARCON) has unexpectedly withdrawn its prominent lawsuit against social media giant Meta Platforms Incorporated. This decision came after ARCON submitted a notice of discontinuance to Justice Peter Lifu of the Federal High Court in Abuja.
The lawsuit, which began on September 23, 2022, was filed as Suit FHC/ABJ/CS/1701/2022 against Meta Platforms Incorporated and AT3 Resources Limited. Initially overseen by Justice A.M. Mohammed, the case was transferred to Justice Peter Lifu in 2023 following Mohammed’s retirement.
The conflict originated when the House of Representatives passed a resolution instructing ARCON to regulate advertisements on social media platforms. ARCON’s subsequent efforts to engage various platforms reportedly faced resistance from Meta, leading to the legal action.
Dr. Olalekan Fadolapo, Director General of ARCON, commented on the decision: “This withdrawal is not a retreat, but a tactical redeployment. Since filing the writ on October 13, 2022, we’ve observed ongoing violations of the Nigerian advertising code by Meta and its subsidiaries. The lack of progress in bringing the case to trial over the past two years has necessitated a reevaluation of our strategy. Management is doing this to ensure that all social media platforms are operating within the ambit of the law.”
Barrister Oloyede Lateef, a legal expert in media and advertising law, highlighted the significance of ARCON’s move: “There’s a crucial tactical difference between a case being dismissed and one being struck out. A dismissed case is essentially dead and cannot be revived. However, a struck out case, which is what we have here, can always be brought up again. This gives ARCON the flexibility to reintroduce the case in the future if necessary.”
Industry observers are divided on the regulation of digital media in Nigeria, but many see ARCON’s decision to discontinue the lawsuit as a practical step. “For a case that hasn’t gone to trial in two years, this was the logical move,” said a senior advertising executive who wished to remain anonymous. “The issue of digital media regulation is very complex, but it’s crucial to ensure that space is regulated properly.”
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