A federal high court in Lagos has granted an interim order preventing the Advertising Regulatory Council of Nigeria (ARCON) or its agents from enforcing a N60 billion fine against Facebook Nigeria over alleged violations. The order was issued on December 13, 2024, by Justice Yellim Bogoro in response to an ex-parte application filed by Facebook on November 29, 2024.
The court's decision comes after Facebook sought relief from ARCON's demand, which included a notice of violation and compliance dated October 21, 2024, that threatened legal action and criminal prosecution for non-compliance. Facebook argued that the demand violated its rights and the principles of fair hearing, and challenged its constitutionality under the Advertising Regulatory Council of Nigeria Act 2022.
In his ruling, Justice Bogoro stated that the application had merit and granted the requested relief, temporarily restraining ARCON from proceeding with enforcement. The case has been adjourned to February 20, 2025, for further hearing.
Facebook had requested two primary injunctions: one to prevent ARCON from enforcing the notice of violation and another to stop the council from initiating criminal proceedings against Facebook or its representatives. The company contended that the notice was unlawful and that any legal action taken would be vexatious and oppressive.
This development follows a history of legal challenges involving ARCON and Meta Platforms, which owns Facebook, Instagram, and WhatsApp. In October 2022, ARCON filed a suit against Meta and its agent, AT3 Resources Limited, over unapproved advertisements shown to Nigerian users. Additionally, a federal high court in Abuja dismissed a suit filed by ARCON against Meta earlier this year.
As the legal battle continues, the outcome could have significant implications for the regulation of digital advertising and the power of regulatory bodies in Nigeria.
.jfif)
No comments:
Post a Comment