ARCON withdraws lawsuit against Meta, revises strategy

News is doing the rounds that the Advertising Regulatory Council of Nigeria (ARCON) has withdrawn its high-profile lawsuit against social media giant Meta Platforms Incorporated.

This unexpected move followed the filing of a notice of cessation by the apex supervisory body before Justice Peter Lifu of the Federal High Court in Abuja.

The legal battle that commenced on September 23, 2022, when ARCON filed suit FHC/ABJ/CS/1701/2022 against Meta Platforms Incorporated and AT3 Resources Limited as a party, was initially presided over by Justice AM Mohammed. Following Mohammed’s retirement in 2023, the battle was transferred to Justice Peter Lifu.

READ ALSO: Gunmen kill two, kidnap police officer and other passengers in Ondo

The legal confrontation can be traced back to when the House of Representatives passed a resolution directing ARCON to implement measures to control advertisements on social media platforms. According to sources, ARCON’s subsequent outreach to various platforms was reportedly met with resistance from Meta, leading to the first legal action.

ARCON Director General Dr. Lekan Fadolapo explained to Tribune Online that the withdrawal is not a withdrawal but a tactical regrouping.

“Since October 13, 2022, when the writ was filed, we have observed continued violations of the Nigerian Advertising Code by Meta and its subsidiaries. The lack of progress in bringing the matter to court over the past two years has necessitated a re-evaluation of our strategy.

“Management is doing this to ensure that all social media platforms operate within the scope of the law,” he concluded.

A legal expert with a penchant for media and advertising law, Advocate Oloyede Lateef, explained the significance of ARCON’s move.

“There is a crucial tactical difference between a case that is dismissed and a case that is dropped. A dismissed case is essentially dead and cannot be revived. However, a dropped case, which is what we have here, can always be picked up again. This gives ARCON the flexibility to refile the case in the future if necessary,” he stated.

While industry observers remain divided over the regulation of digital media in the country, a significant number of them see ARCON’s decision to file a cease-and-desist motion as a pragmatic move. “For a case that hasn’t been to court in two years, this was the logical step,” said a senior advertising executive who requested anonymity.

“The issue of digital media regulation is a very difficult one, but one that is very important to clean up that space,” the source added.

NIGERIAN TRIBUNE