3 weeks ago
7
Realhouse Communications Limited, the steadfast of Castles Lifestyle and Highbrow Living magazines, has urged the Federal High Court successful Lagos to nullify definite provisions of the ARCON Act, 2022, aleging they interruption the rights to just proceeding and state of expression.
The media house, which made the petition successful a cardinal rights enforcement suit, is seeking judicial reappraisal of sections 37 and 54 of the ARCON Act and a declaration that they are null and void.
The applicant is asking the tribunal to state whether Sections 37 and 54 of the ARCON Act interruption its cardinal rights to just proceeding (Section 36) and state of look (Section 39) nether the 1999 Constitution of the Federal Republic of Nigeria.
The institution argues that, Section 54 of the ARCON Act, which mandates that immoderate advertisement targeting the Nigerian marketplace indispensable person anterior vetting and support from the Advertising Standards Panel, straight curtails state of look and the press.
It further submitted that Section 37(5) of the aforesaid Act prescribes terrible penalties for this alleged offence, including a good of astatine slightest N500,000 oregon 1 year’s imprisonment for individuals, and a good of astatine slightest N1,000,000 for organisations.
A cardinal facet of the suit stems from a Notice of Violation dated September 28, 2023, with notation ARCON/VOL1/2023/CASTLES LIFESTYLE MAGAZINE/9.
In this notice, ARCON claimed that the mag violated advertizing rules and demanded a good of N500,000 for the alleged infraction.
Realhouse Communications, done an affidavit from its accountant, Liasu Kazzim Olawale, asserted that it was ne'er represented earlier a panel, court, oregon tribunal earlier being deemed blameworthy and fined for the alleged offence.
This, they argue, constitutes a nonstop denial of their close to a just proceeding arsenic enshrined successful the 1999 Constitution.
Beyond seeking law declarations, Realhouse Communications is besides pursuing damages, a nationalist apology, and a perpetual injunction against ARCON.
The Applicant is seeking an bid compelling ARCON to publically apologise to Realhouse Communications for the harassment and embarrassment caused.
It is besides asking, “An bid of perpetual injunction restraining ARCON from further interfering with the Applicant’s concern by issuing notices of usurpation oregon fines to the Applicant’s customers.
“An bid for N50,000,000 (Fifty Million Naira) arsenic wide damages.
“Realhouse Communications argues that a peculiarly damaging facet of ARCON’s regulatory actions is the issuance of akin Notices of Violation straight to its clients and subscribers to Castles Lifestyle and Highbrow Living magazines.
“Attached exhibits, including notices issued to firms specified arsenic Terra Developers, Megamound Investment LTD, and Urag Real Estate, amusement ARCON imposing a usurpation interest of N1,000,000 (One Million Naira) per infraction for exposing ‘unapproved advertisements’ connected the magazine’s platform.
“These notices cited Section 54 of the ARCON Act arsenic the ground for the alleged violation, mandating an contiguous cessation of the advertisements and outgo wrong 7 days.
“Realhouse Communications contends that ARCON’s actions person negatively impacted the assurance and spot of its clients, posing a important hazard to its business.
“The affidavit states that unless restrained by the court, ARCON volition proceed to interfere with the Applicant’s concern by sending wrongful notices to its clients.”
ARCON is yet to record its effect to the suit.
English (US) ·