News making the rounds has it that the Advertising Regulatory Council of Nigeria (ARCON) has withdrawn its high-profile lawsuit against social media behemoth, Meta Platforms Incorporated.

This unexpected move followed the regulatory body’s filing of a notice of discontinuance before Justice Peter Lifu of the Federal High Court in Abuja.

The legal battle which began on September 23, 2022, with ARCON filing Suit FHC/ABJ/CS/1701/2022 against Meta Platforms Incorporated and AT3 Resources Limited as party was initially presided over by Justice A.M. Mohammed before it was later transferred to Justice Peter Lifu in 2023 following Mohammed’s retirement.

The roots of this legal confrontation trace back to when the House of Representatives passed a resolution directing ARCON to implement measures controlling advertisements on social media platforms. According to sources, ARCON’s subsequent outreach to various platforms reportedly met with resistance from Meta, prompting the initial legal action.

When our team reached out to Dr. Olalekan Fadolapo, Director General of ARCON on the regulatory council’s decision, he remarked: “This withdrawal is not a retreat, but a tactical redeployment. Since October 13, 2022, when the writ was filed, we’ve observed continuous 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, ” he concluded.

Barrister Oloyede Lateef, a legal expert with bias in media and advertising law, explained 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.” Lateef elucidated.

While industry observers remain divided on the regulation of digital media in the country, a significant number of them view ARCON’s decision to file for discontinuance as a pragmatic step. “For a case that hasn’t gone to trial in two years, this was the logical move,” stated a senior advertising executive who wished to remain anonymous. “The issue of digital media regulation is a very dicey one, but one that is very important to sanitise that space.”