The Federal Competition and Consumer Protection Commission (FCCPC) has reacted to reports on Meta threatening to exit Nigeria over the Court’s affirmation of the Commission’s $220 million fine against the company.
The Commission, in a statement signed by its Director of Public Affairs, Ondaje Ijagwu, described Meta’s threat as “a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.”
The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigerian Data Protection Regulation (NDPR).
Meta’s offenses
The Commission said it found that Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR.
According to the FCCPC, these infringements included denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorisation.
The company was also found to be discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies.
Nigeria is not the first to fine Meta
The Commission noted that Meta had been fined for similar breaches in Texas ($1.5billion) and was only recently 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. They obeyed.
“Threatening to leave Nigeria does not absolve Meta of liabilities for the outcome of a judicial process,” the FCCPC stated.
“For the avoidance of doubt, the FCCPC remains committed to its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria,” it added.
According to 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.
Backstory
Meta, the parent company of Facebook, WhatsApp, and Instagram, had threatened to suspend both platforms in Nigeria, citing “unrealistic” regulatory demands and nearly $290 million in fines from three government agencies.
The warning, outlined in court filings reviewed by the BBC on Friday, follows a failed legal challenge to penalties that Nigerian authorities insist must be paid by the end of June 2025.
In July 2024, the FCCPC issued a statement accusing Meta of breaching local consumer and data protection regulations through its data-sharing practices on Facebook and WhatsApp.
