Advertising Law Under Fire: Realhouse Communications Seeks to Nullify ‘Offensive’ ARCON Act Provisions
Rbealhouse Communications Limited, publisher of the popular Castles Lifestyle and Highbrow Living magazines, has dragged the Advertising Regulatory Council of Nigeria (ARCON) before the Federal High Court in Lagos.
The company is seeking an order for the enforcement of its fundamental human rights, arguing that certain provisions of the ARCON Act, 2022, infringe upon its right to fair hearing and freedom of expression as guaranteed by the Nigerian Constitution.
The originating summons, filed by the Applicant’s counsel, zeroes in on Sections 37 and 54 of the ARCON Act, 2022, and the same is seeking judicial pronouncements to declare them null and void. The suit followed a series of violation notices and fines issued by ARCON to Realhouse Communications and, critically, to its customers.
The crux of Realhouse Communications’ application lies in the contention that ARCON’s actions, particularly the imposition of fines without prior adjudication, constitute a denial of the fundamental right to fair hearing.Realhouse Communications is asking the court to determine several pressing constitutional questions namely: Whether Sections 37 and 54 of the ARCON Act, 2022, violate the Applicant’s fundamental human rights to fair hearing (Section 36) and freedom of expression (Section 39) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended; Whether the Applicant is bound by the provisions of Section 54 of the ARCON Act, 2022, when considered against the constitutional guarantee of freedom of expression (Section 39 CFRN, 1999).
The Applicant specifically argued that Section 54 of the ARCON Act, 2022, which purports that any advertisement targeting the Nigerian market without prior vetting and approval from the Advertising Standards Panel constitutes an offence, is a direct curtailment of their freedom of expression and press.