Nigeria: WhatsApp Exit Threat, Attempt to Sway Public Opinion - FCCPC

2 August 2024

The Federal Competition and Consumer Protection Commission (FCCPC) has accused Meta of attempting to sway public opinion following its recent decision to impose a $220 million fine on the tech giant.

The FCCPC claims Meta's threat to exit Nigeria is a strategic move aimed at pressuring the commission to reconsider its ruling.

The fine was levied against Meta Platforms Inc., the parent company of Facebook, Instagram, and WhatsApp, in response to significant violations of consumer protection and data privacy regulations.

The FCCPC asserts that the penalty addresses valid concerns about Meta's non-compliance with legal requirements regarding data privacy and consumer protection.

Last week, the FCCPC issued directives to WhatsApp, mandating that it cease sharing user data with Facebook companies and third parties without explicit consent.

The company was also required to provide transparency about data collection practices and restore user control over data usage.

The commission's decision followed a thorough 38-month investigation into Meta's data privacy practices and market behavior. The investigation revealed multiple and repeated breaches of the Federal Competition and Consumer Protection Act as well as the Nigeria Data Protection Regulation.

As a result, the FCCPC imposed a $220 million fine on Meta for unauthorized use of personal data without user consent and discriminatory practices against Nigerian users.

Reacting in a post on X (formerly Twitter) on Thursday, the FCCPC stated that the firm discriminated against Nigerian users compared to users in other jurisdictions and abused its dominant market position by forcing unfair privacy policies.

It added that the order is a positive step towards a fair digital market in Nigeria.

The statement read, "WhatsApp's claim that it may be forced to exit Nigeria due to FCCPC's recent order appears to be a strategic move aimed at influencing public opinion and potentially pressuring the FCCPC to reconsider its decision.

WhatsApp's claim that it may be forced to exit Nigeria due to FCCPC's recent order appears to be a strategic move aimed at influencing public opinion and potentially pressuring the FCCPC to reconsider its decision. The FCCPC investigated Meta Platforms and WhatsApp (jointly... https://t.co/oDRgiCAjQ3-- FCCPC Nigeria (@fccpcnigeria) August 1, 2024

"The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as "Meta Parties") for allegedly violating the Federal Competition and Consumer Protection Act and the Nigeria Data Protection Regulation.

"The Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA 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 final order 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.

"To deter future violations and ensure accountability for the alleged infringements the FCCPC also imposed a monetary penalty of $220m.

"The FCCPC's actions are based on legitimate concerns about consumer protection and data privacy and the order is a positive step towards a fairer digital market in Nigeria. Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different."

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