Navigating Nigerian Advertising Laws: What Foreign Companies Must Know About ARCON Compliance

ARCON: Who they are, Why They Are

The Advertising Regulatory Council of Nigeria (ARCON) is the statutory body that oversees all advertising content aimed at the Nigerian market from advertisers both within and outside Nigeria. Whether you’re running Facebook ads from abroad, sponsoring a Nigerian YouTube creator, or adapting a global TV commercial for West African audiences, ARCON wants to see that you’re playing by Nigerian rules and they want to vet and approve your ad before it goes live to Nigerian audiences living in Nigeria. Nigeria is one of Africa’s most dynamic consumer markets, boasting of a fast-growing, digitally active, and extensively connected network of users across its huge population demographic. From global fintechs to fashion brands, foreign companies are increasingly targeting Nigerian audiences through digital ads, influencer partnerships, and traditional media campaigns. But here’s the thing: what many of these companies overlook is that advertising in Nigeria isn’t just about clever messaging — it’s also a regulated legal terrain they must learn to navigate in order to ensure compliance with Nigerian laws and advertising regulations.

In this article, we outline what foreign companies need to know and understand about ARCON compliance — the legal boundaries, the regulatory red flags, and the best way to advertise in Nigeria without stepping on the regulator’s toes. For foreign companies planning to reach Nigerians through targeted messaging (ads),we encourage you to read this article.

Key Powers and Functions of ARCON

The Advertising Regulatory Council of Nigeria (ARCON) was established by the ARCON Act of 2022 to serve as the apex regulatory authority for advertising, marketing communications, and related activities in Nigeria. Its creation marked a deliberate shift towards stronger oversight and accountability in the Nigerian advertising space; especially as foreign brands and digital platforms increasingly target Nigerian consumers with their messaging for their products and services.

Here are the core functions and regulatory powers ARCON wields:

1. Vetting and Pre-Approval of Advertisements

One of ARCON’s primary responsibilities is ensuring that every advertisement — regardless of platform — is pre-approved before it can be exposed to the Nigerian public. This means that before any billboard goes up, a social media ad is published, or a commercial airs on TV, the content must be submitted to ARCON for pre-exposure vetting and approval before publication. In other words, the regulator acts as a watchdog in determining what adverts are shown to Nigerian audiences and in what format.

This vetting process is aimed at:

• Preventing misleading, offensive, or unsubstantiated claims

• Ensuring cultural sensitivity and accuracy

• Protecting vulnerable groups such as children, the elderly, and the ill

ARCON operates a vetting panel made up of professionals who assess each advertisement based on ethical, legal, and cultural criteria.

2. Regulation of Advertising Agencies and Practitioners

ARCON licenses and regulates advertising practitioners and agencies operating in Nigeria. Only registered agencies and accredited practitioners are permitted to develop or submit adverts for vetting. For foreign companies, this means you cannot independently run an ad campaign in Nigeria without involving a locally recognized advertising agency.

ARCON also maintains a register of advertising professionals — meaning those working on ad content in Nigeria must be certified and compliant with its ethical standards.

3. Enforcement of Local Content Requirements

To promote Nigerian creative industries and reduce the dominance of foreign-produced content, ARCON mandates that a minimum of 75% of advertising content must be locally produced. This applies to both visuals and talent — including voiceovers, models, music, and production crew. For models, voice-over artists, it is required that they are 100% Nigerians.

This provision is especially important for foreign brands that roll out global advertising campaigns and are tempted to recycle (their) global campaigns without proper localization to the Nigerian context and regulatory guidelines. Failure to meet the local content quota can result in disapproval or sanctions.

4. Protection of Consumer Rights and Public Interest

At the heart of ARCON’s mandate is the protection of the Nigerian consumer. The Council reviews ads to guard against deceptive claims, exploitative language, or products that promote harmful behaviors.In doing so, ARCON ensures that advertising does not only serve commercial interests but also respects public welfare, national values, and regulatory frameworks.

5. Legal Enforcement and Sanctions

ARCON is empowered to initiate legal proceedings, impose administrative penalties, or suspend advertising campaigns that breach its rules and vetting guidelines. It can also blacklist agencies or advertisers that repeatedly violate its code or operate without proper authorization.

In recent times, ARCON has adopted a more aggressive enforcement posture, especially against digital campaigns run from outside Nigeria without its vetting and prior approval. For foreign businesses, this means regulatory evasion is not recommended.

Does ARCON Guidelines Apply to Foreign Companies? Yes It Does

A common mistake foreign companies make is assuming that Nigerian advertising laws only apply to local businesses physically operating within Nigeria. In reality, ARCON’s regulatory scope is broad and extends to any advertising content aimed at the Nigerian public, regardless of where the advertiser is located. The regulator has taken note of the power of digital spaces and their far-reaching consequences, and has factored them in as appropriate in their regulatory oversight. Thus, for foreign brands planning to market their products or services to Nigerians whether through local billboards, Nigerian influencers on Instagram, YouTube or targeted Facebook ads, these fall under ARCON’s regulatory oversight and you are better off complying with all necessary guidelines than not.

Advertising Targeted at Nigerians Falls Within Jurisdiction

The key trigger for ARCON’s jurisdiction is not where the company is based, but who the target audience is. That simply means that a foreign company should not argue that they are not domiciled in Nigeria, or operating in Nigeria, or has operating/business interests in Nigeria; rather they should focus on whether their ads are targeted at Nigerians from wherever they’re advertising from. Any advertisement intended to reach Nigerian consumers — either within Nigeria or via digital platforms — must comply with the necessary regulations and vetting guidelines. This includes:

• Ads displayed on Nigerian websites or digital spaces frequently visited by Nigerians. EG: Facebook, Instagram, X (formerly “Twitter”), among others

• Sponsored content or influencer posts targeted at Nigerian users from abroad

• TV, radio, or print ads published or broadcast in Nigeria

This extraterritorial reach is not uncommon globally — many countries assert regulatory control over foreign campaigns that affect their domestic audience. ARCON is no exception and it aims to vet and approve ads targeted at local audiences in Nigeria to ensure they are compliant with its regulations before they go live.

Common Traps Foreign Companies Fall Into

Let’s be blunt about the commonest pitfall of all: most foreign companies don’t get in trouble because they intentionally sidestep regulation. They get caught because they didn’t know the rules applied to them in the first place. Below are some of the most frequent traps foreign brands fall into:

1. Recycling Global Campaigns Without Local Vetting

Brands often repurpose TV or social media ads originally created for a global audience without submitting them to Nigeria’s regulator for vetting and approval. If these ads are aired in Nigeria or reach Nigerians online, they must be vetted first — even if the original ad was cleared in another jurisdiction.

2. Engaging Nigerian Influencers Without Clearance

Collaborating with local influencers is a powerful marketing strategy — but many brands fail to understand that such campaigns are also considered advertisements and must be submitted to ARCON for approval. Influencer posts, video content, or brand shoutouts targeting Nigerian audiences are not exempt as these form ad touchpoints that are targeted at Nigerian audiences to influence their buying behaviour. As such, they have to obtain necessary clearances.

3. Partnering with Unlicensed Advertising Agencies

Foreign companies sometimes work directly with freelancers or unlicensed marketing firms based in Nigeria. ARCON mandates that all advertising campaigns be channeled through registered and accredited advertising agencies in Nigeria. Failure to do so invalidates the campaign and may attract sanctions.

Bottom Line? Foreign Origin Doesn’t Mean You’re Outside the Rules. The Rules still apply. Whether you’re a startup in Dubai trying to sell specialized services to Nigerians living in Nigeria, or a European FMCG company launching a digital campaign across West Africa, you have to treat Nigeria as a legally distinct and regulated advertising environment with its own rules and regulations which you are expected to abide by. ARCON’s mandate makes no exceptions for foreign brands and its regulatory net has only grown tighter in recent years.

Compliance Requirements for Foreign Companies

For foreign companies looking to advertise in Nigeria, compliance with ARCON’s rules is a legal obligation they should check to ensure they are not violating. Below are the key compliance requirements that all foreign advertisers must be aware of before launching any campaign in Nigeria.

Pre-Exposure Vetting is Mandatory

ARCON requires that every advertisement targeted at Nigerian audiences — whether online or offline — must be vetted and approved before it is exposed to the Nigerian public. This vetting applies to all forms of advertising: TV commercials, billboard campaigns, influencer posts, social media ads, radio jingles, sponsored content, and even digital banner placements. This is not optional. Skipping this step or launching a campaign without prior vetting is considered a regulatory breach and can lead to enforcement actions such as fines, takedown orders, or suspension of the campaign mid-way into execution.

Engage ARCON-Registered Advertising Agencies

Foreign companies are not permitted to independently run or submit advertising campaigns for approval in Nigeria. Instead, they are required to work with licensed Nigerian advertising agencies that are duly registered with ARCON.

Working directly with unlicensed freelancers, digital marketers, or offshore agencies without Nigerian accreditation is a red flag and will likely invalidate the campaign from a regulatory standpoint.

Mandatory Use of Local Talent in Creative Production

ARCON strongly enforces local content requirements, particularly in the areas of talent and production of ad creatives. If your advertisement includes models, actors, or voiceover artists, the individuals featured must be Nigerian nationals or residents. Conversely, if you absolutely require the use of foreign models for the production, then you have to apply for a variation of the guideline for that specific purpose.

This rule is designed to promote and protect Nigeria’s creative industry — and it’s not just a guideline. Ads that use foreign talent or are produced entirely offshore without appropriate localization risk being disapproved, regardless of quality.

Thus:

• Voiceovers must be recorded by Nigerian voiceover artists

• On-screen talent must be Nigerian (for video or photo creatives)

Global brands running generic, region-wide campaigns must localize creatives for the Nigerian market or risk running afoul of ARCON’s content standards.

Compliance with Sector-Specific Regulations

If your advertisement involves regulated products or services — such as pharmaceuticals, gambling, or alcoholic beverages, — you must ensure that it complies not just with ARCON rules, but also with the relevant sector regulator. For example:

• NAFDAC approval is needed for drug or supplement ads

• NBC codes apply for broadcast media content

ARCON works closely with these agencies and several others and will not vet or approve adverts that fail to meet broader regulatory standards.

So, for foreign companies compliance is a legal prerequisite to a successful ad campaign targeting Nigerians and the safest path to navigate the terrain is to build Nigeria-targeted advertising campaigns with compliance requirements in mind.

ARCON’s rules are clear: if your advertising content is aimed at Nigerian audiences, you are subject to Nigerian advertising law, regardless of where your business is based. From mandatory vetting and the use of registered Nigerian agencies, to local content requirements and sector-specific approvals, you should prepare your ads with compliance in mind so you can get it right from the start.

Need Help Navigating ARCON’s Compliance Landscape?

Kabbiz Legal & Advisory works closely with international brands to ensure full compliance with Nigerian laws. For more information, please reach out to us at contact@kabbizlegal.com for guidance.