Alleged Exploitation: Quitting Nigeria Does Not Absolve Meta of Liability – FCCPC

The Federal Competition and Consumer Protection Commission (FCCPC) has responded to WhatsApp’s claim that it may be forced to exit Nigeria following a recent regulatory order, describing the move as “calculated” and intended to provoke public backlash and pressure the Commission into reversing its decision.

In a statement issued by Ondaje Ijagwu, Director of Corporate Affairs at the FCCPC, the Commission confirmed that it had investigated Meta Platforms and WhatsApp (jointly referred to as the “Meta Parties”) for multiple violations of Nigerian laws, specifically the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).

“The Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA and the NDPR,” said Ijagwu. “These include denying Nigerians the right to control their personal data, transferring and sharing user data without authorisation, discriminating against Nigerian users compared to those in other jurisdictions, and abusing their dominant market position by enforcing unfair privacy policies.”

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Ijagwu noted that Meta has faced similar regulatory actions in other countries without resorting to threats of withdrawal. “In Texas, Meta was fined $1.5 billion. In the European Union, the company was ordered to pay $1.3 billion for violating data privacy rules. They have also faced penalties in India, South Korea, France, and Australia yet, in none of these jurisdictions did Meta threaten to exit. They complied.”

The FCCPC emphasized that the affirmation of its final order by the Competition and Consumer Protection Tribunal obliges Meta to comply with Nigerian law. “Meta Parties are required to stop exploiting Nigerian consumers, modify their practices to align with national standards, and respect consumer rights all in accordance with international best practices,” the Commission stated.

Ijagwu stressed that “threatening to leave Nigeria does not absolve Meta of liability or responsibility for the outcome of a lawful judicial process.”

“For the avoidance of doubt, the FCCPC remains committed to consumer protection and data privacy,” the statement concluded. “We are determined to ensure a fairer digital marketplace in Nigeria.”

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