Victor EzejaThe Federal Competition and Consumer Protection Council (FCCPC) has stated that the claim by Meta’s WhatsApp that it is being forced to exit Nigeria because of a recent order to pay a fine does not absolve it of liability as charged.
In a statement by its Director, Corporate Affairs, Ondaje Ijagwu, FCCPC said the threat to exit from Nigeria is a “calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.”
Join our WhatsApp ChannelPrime Business Africa reports that the FCCPC had in July 2024 imposed a fine of $220 million on Meta Platforms Inc. and its subsidiary, WhatsApp, over data privacy breaches.
However, Meta appealed the fine on 22 grounds. It argued that the Commission’s directions were unclear, technically impossible, and unsupported by Nigerian law. It further alleged that it was denied a fair hearing and had no opportunity to react to how the amount was determined.
In a recent ruling, the FCCPC Tribunal dismissed the claims and upheld the fine imposed on Meta and WhatsApp.
FCCPC said the imposition of the fine followed extensive investigations into Meta’s handling of Nigerian user data, during which the commission uncovered exploitative practices that allowed unauthorised access to personal information. The Commission argued that Meta’s conduct violated constitutional privacy guarantees and reinforced data governance inequalities.
However, in response, WhatsApp claimed it was being forced to cease operations in Nigeria.
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In the statement issued on Saturday, FCCPC explained that it investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR) and found that Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR.
“These infringements included denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorisation, discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies,” the Commission stated.
It further recalled that Meta had been fined $1.5 billion for similar breaches in Texas and recently was also mandated to pay $1.3 billion for violating E.U. Data Privacy Rules. It further mentioned that the tech giant has also been subjected to varying levels of penalties in India, South Korea, France and Australia, for similar breaches, but it obeyed and never resorted to the blackmail of threatening to exit those countries.
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The agency emphasised that the recent affirmation of FCCPC’s final order by the Tribunal “requires Meta Parties to take steps to comply with Nigerian law, stop exploiting Nigerian consumers, change their practices to meet Nigerian standards and respect consumer rights, consistent with international best practices.”
“Threatening to leave Nigeria does not absolve Meta of liabilities for the outcome of a judicial process. For the avoidance of doubt, the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria,” it added.
Victor Ezeja is a passionate journalist with seven years of experience writing on economy, politics and energy. He holds a Master's degree in Mass Communication.
