ARCON Guide: How to Post on Instagram Without Going to Jail
If you are a Social Media Manager, a Brand Manager, or a Creator, you need to pause your “TGIF” plans and read this.
For years, we treated Digital Marketing like the “Wild West.” You could shoot a video on your iPhone, edit it on CapCut, and post it immediately. No vetting. No APCON (now ARCON) fees. Just vibes.
That era is officially dead.
Following the landmark Federal High Court ruling in Digi Bay Ltd (Betway) v. ARCON (May 2025), the legal debate is over. The court has affirmed that ARCON has the power to regulate social media ads.
But wait, it gets messier. In November 2025, another court ruling (Massilia Motors v. ARCON) said ARCON cannot regulate outdoor signage (that’s for Local Governments).
Confused? Don’t worry. Here is the Soro Soke Breakdown of what is safe, what is illegal, and how to keep your CEO out of prison in 2026.
1. The “Digi Bay” Reality Check
The Old Myth: “ARCON is for TV and Billboards. They don’t control my Instagram Reel.”
The New Law: The court ruled that social media is a public space. If you are a brand, and you post content that “promotes a product or service” on Instagram, X, TikTok, or YouTube, it is an ADVERTISEMENT.
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The Implication: Technically, every “Sales” post needs a Vetting Certificate before you hit ‘Publish’.
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The Risk: ARCON is currently using AI tools to scrape brand pages. If they find an unvetted ad, the fine starts at ₦500,000 per post. (Do the math for your last 10 posts).
2. The “Skit Maker” Trap (The Biggest Risk)
This is where most brands will get burnt this year.
READ ALSO: The Life of a Marketing Manager in Lagos
You pay Sabinus or Layi Wasabi to make a funny video about your app. They post it. It goes viral.
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The Problem: Is that video a “Skit” or an “Ad”?
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ARCON Says: If money changed hands, it is an Ad.
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Who is Liable? NOT the skit maker. YOU (The Brand) are liable.
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The Fix: Your contract with influencers must now include a “Vetting Clause.” The content must be sent to ARCON (via your agency) for the “8-Hour Accelerated Vetting” before the influencer posts it. Yes, it kills the “spontaneity,” but it saves you the fine.
3. The “Outdoor” Turf War (The Massilia Loophole)
Here is the plot twist.
While ARCON won the Digital battle, they lost the Outdoor battle.
In Massilia Motors v. ARCON (Nov 2025), the court ruled that Outdoor Advertising (Billboards/Signage) is under the constitutional control of Local Governments, not the Federal Government (ARCON).
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The Chaos: You might get ARCON approval for your billboard, but the Eti-Osa Local Government thug… sorry, “revenue officer”… can still tear it down if you didn’t pay them.
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Soro Soke Advice: For OOH (Out-of-Home), pay the Local Government first. Use ARCON vetting only for the content of the message, not the permit for the pole.
The 2026 Compliance Checklist
(Print this out and paste it on your office wall)
| Content Type | Do you need ARCON Vetting? | Urgency |
| TV Commercial | YES | Mandatory (Always has been). |
| Influencer Skit (Paid) | YES | High Risk. (New enforcement area). |
| Brand’s Own IG Reel | YES | If it mentions Price or Product features. |
| “Happy Independence” Post | NO | This is “Corporate Comms,” not advertising. |
| Retweeting a Customer | NO | This is User Generated Content (UGC). |
The “Soro Soke” Verdict
The days of “Move Fast and Break Things” are over.
In 2026, the motto is “Move Fast, Vet Faster, and Don’t Get Sued.”
CMO Advice: Increase your “Compliance Budget.” You will need it for the Accelerated Vetting fees (approx ₦100k per urgent application). It is cheaper than the PR crisis of being called a “Law Breaker” on Twitter.
Next Steps for You:
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Audit your current Influencer Briefs. Do they have the new compliance clause?
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Check your “Pinned Posts” on Instagram. Are they vetted? If not, maybe unpin them until you are sure.
