FCCPC says Meta exit threat a ruse to induce negative public reactions

In the wake of Meta’s claim that it may be forced to leave Nigeria, the Federal Competition and Consumer Protection Commission (FCCPC) has explained that the statement is a ruse that i designed to pressure the commission and induce negative public reactions.

Recall that Meta Platforms, Inc. and its subsidiary WhatsApp LLC were required to pay a $220 million administrative penalty after being found guilty of data breaches and discriminatory practices after an appeal hearing. It was also requested that an additional $35,000 be paid to the commission for the cost of the investigation.

In a public statement issued on Saturday by the commission, signed by its Director of Corporate Affairs, Ondaje Ijagwu, it expressed that Meta’s platform’s threat to exit Nigeria due to FCCPC’s recent order is a calculated action aimed at winning public interest and to pressure the commission.

“WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order appears to be a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision,” part of the statement reads.

The consumers’ protector further reinstated that Meta Parties (Meta and WhatsApp) were found guilty of violating the FCCPA (2018) and the Nigeria Data Protection Regulation (NDPR) which includes denying Nigerians the right to control their 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.

Notably, Meta has faced similar breach fines in other regions. The platform was fined $1.5bn in Texas and $1.3bn in the EU for violating Data Privacy Rules and also faced similar allegations in India, France, South Korea, and Australia.

FCCPC noted that Meta’s acceptance of these fines without an exit threat move proves that its latest action is an attempt to instigate public pressure on the commission.

“The recent affirmation of FCCPC’s final order by the Competition and Consumer Protection 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,” the commission stated.

For the commission, Meta’s threat to leave Nigeria does not absolve the platform’s liabilities and will ensure that it complies with Nigeria’s data privacy rules in ensuring a just and fair digital market.

Also Read: Meta threatens to shut down Facebook and Instagram in Nigeria over $290 million fines.

The FCCPC, in collaboration with the Nigeria Data Protection Commission (NDPC), conducted an extensive investigation on the platforms over alleged violations of the Federal Competition and Consumer Protection Act (FCCPA) 2018, the NDPR (2019), and other relevant laws.

The investigation, which commenced in May 2021 and spanned 38 months, involved a thorough review of the platform’s conduct and privacy practices, focusing on potential breaches affecting Nigerian consumers. 

Tribunal’s rule validates Meta’s data privacy breach 

While the move by Meta translates to a threat action, it raises concerns about the platform’s inability to accept the data breach accusations. 

While addressing the fair hearing clause tabled by WhatsApp, Thomas Okosun, who led the Tribunal’s three-man panel, explained that the case was a product of a fair hearing. He also reinstates FCCPC’s mandate to address market dominance within its jurisdiction.

“The tribunal finds no error in the overall orders of the FCCPC. Accordingly, the administrative penalties of the FCCPC were lawfully imposed on Meta and WhatsApp,” the tribunal held.

In its final decision, it upheld FCCPC’s fines on Meta and must be paid later than 60 days from Wednesday, April 30, 2025. It ordered the platforms to reinstate the right of Nigerian users to determine how their data is shared and submit a letter of compliance to this effect by July 1, 2025.

Meta parties were also directed to submit a working policy within the next 10 days on how they intend to protect users’ data and revert to their data-sharing policy of 2016.

The tribunal again ruled that Meta parties must, within 10 days, provide their proposed policy to the FCCPC and NDPC, and the same must be published. The parties must also stop linking WhatsApp data to Facebook and other third parties without formally seeking and obtaining consent from Nigerian users and must provide evidence of compliance.