$220m Fine: Quitting Nigeria Won’t Absolve Meta Of Liability – FCCPC

Meta’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, the commission has said.

A statement from its director, corporate affairs, Ondaje Ijagwu yesterday said it investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR) and found that meta parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR.

These infringements, according to the statement 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.

It said Meta had been fined for similar breaches in Texas ($1.5b) and only recently was asked to pay $1.3 Billion for violating E.U. Data Privacy Rules. Elsewhere in India, South Korea, France and Australia, Meta had faced varying penalties for similar breaches. But Meta never resorted to the blackmail of threatening to exit those countries, and they obeyed.

“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. Threatening to leave Nigeria does not absolve Meta of liabilities for the outcome of a judicial process.

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“For the avoidance of doubt, the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria,” the statement added.