The Federal Competition and Consumer Protection Commission (FCCPC) Tribunal has upheld a $220 million fine against Meta Platforms Inc. and WhatsApp over discriminatory and exploitative data practices targeting Nigerian users.
In a decisive ruling led by a three-member panel chaired by Thomas Okosun, the tribunal also ordered the tech giant to reimburse the FCCPC $35,000 for the cost of its extensive investigation, 9am News Nigeria has learned.
The fine stems from findings that Meta engaged in unauthorised transfer and sharing of Nigerian user data, denied users the right to self-determination, and committed acts of discrimination, abuse of dominance, and illegal bundling of services.
Meta’s Challenge Dismissed
Meta had challenged the fine on 22 grounds, claiming the FCCPC’s directives were vague, technically unfeasible, and unsupported by Nigerian law. Their legal team, led by Professor Gbolahan Elias (SAN), argued that Meta was denied a fair hearing and that the fine’s calculation was unclear.
However, the tribunal rejected these claims, finding that Meta and WhatsApp were given ample opportunities to defend themselves but failed to provide compelling evidence to overturn the FCCPC’s findings.
“The appellants were given ample opportunity to be heard,” said Tribunal Chairman Thomas Okosun, affirming the Commission’s procedures as fair and lawful.
The FCCPC’s investigation revealed that Meta’s conduct violated constitutional privacy guarantees and reinforced data governance inequalities, compromising the rights of Nigerian users.
In addition to the fine, the tribunal issued strict compliance directives:
- Meta must restore Nigerian users’ rights to control how their data is shared.
- It must revert to its 2016 data-sharing policy.
- Meta is required to submit a new proposed data policy to both the FCCPC and the Nigeria Data Protection Commission (NDPC) within 10 days and publish it publicly.
- The company must stop tying WhatsApp data to Facebook or any third party without clear, informed consent.
- Meta must submit a formal compliance letter by July 1, 2025.
This ruling adds to Meta’s growing regulatory troubles worldwide. In 2023, the company faced a record €1.2 billion fine by the European Data Protection Board under the General Data Protection Regulation (GDPR) for breaching EU privacy rules.
Former FCCPC Executive Vice Chairman, Babatunde Irukera (SAN), emphasized that although foreign rulings aren’t binding in Nigeria, they are persuasive and reinforce Nigeria’s focus on protecting consumer rights and user consent.
“This is not a punitive action. It’s a corrective step to end discriminatory practices and ensure respect for Nigerian consumers,” Irukera stated.
The FCCPC Tribunal’s decision marks a major milestone for data privacy enforcement in Nigeria. With Meta now under strict compliance orders, Nigeria sends a strong message that consumer rights and digital privacy are non-negotiable in the country’s fast-evolving tech landscape.
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