Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) has recently imposed a $220 million fine on Meta Platforms Incorporated. This penalty, issued on July 17 2024 follows an investigation, into Metas data handling practices and alleged discriminatory behavior towards consumers. The investigation was an effort between the FCCPC and the Nigeria Data Protection Commission (NDPC). Focused on scrutinizing Metas operations, privacy policies and conduct from May 2021 to December 2023.
During the investigation, it was discovered that Meta, operating through platforms like Facebook and WhatsApp had been involved in actions such as data collection and treating Nigerian data subjects unfairly compared to other regions. The FCCPC found that Meta misused its market position by enforcing privacy policies that infringed upon the rights of Nigerian consumers to manage their personal information.
Meta had opportunities to defend itself against these accusations. Since May 2021 Meta and its legal representatives interacted with the FCCPC and NDPC by providing information and participating in meetings. Despite these engagements. Including the one, in April 2024. The Commission ultimately determined that Meta’s practices continued to violate Nigerian data protection regulations.
The recent ruling, by the FCCPC not includes a fine but also requires Meta to adjust its operations to adhere to Nigerian regulations and uphold consumer rights. The Commission’s primary focus is safeguarding consumers. Fostering a level playing field in the digital market within Nigeria.
Nevertheless, Meta’s reaction to the penalty has been prompt and confrontational. According to TechCabals report on August 1 2024, Meta is contemplating pulling back services from Nigeria. WhatsApp in a statement to The PUNCH Newspaper expressed apprehensions about the penalty potentially impacting its services in the country. The messaging platform says it heavily relies on its parent company’s data infrastructure for functioning and ensuring user security. A spokesperson for WhatsApp mentioned, “This directive contains inaccuracies and misinterprets how WhatsApp operates; we are urgently appealing against it to prevent any disruptions for users.”
The FCCPC has brushed aside Meta’s threat of exiting Nigeria as an effort to sway opinion and coerce the Commission into reversing its ruling. In a statement posted on X ( Twitter), the FCCPC reiterated that Meta’s actions were discriminatory towards users and exploited its dominant position in the market. The Commission affirmed that its directive is a step in establishing conditions, in Nigeria’s digital market while safeguarding consumer interests.
“The FCCPC decisions stem from concerns regarding safeguarding consumers and protecting data privacy. The recent directive marks a stride, towards fostering an equitable digital landscape in Nigeria. Such regulatory actions, akin to those seen in regions aim to address issues without necessitating companies exit from the market. This scenario in Nigeria is expected to follow a trajectory ” as conveyed by the FCCPC.
