The Federal Competition and Consumer Protection Commission (FCCPC) has stated that Meta’s threat to exit Nigeria does not absolve the company of its legal obligations in the country.
The commission emphasised that the ongoing judicial process against Meta will proceed regardless of any threats to exit the Nigerian market.
In a statement on Saturday signed by the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, the agency dismissed the company’s warning, which cited regulatory pressure as a reason it might leave Nigeria, as an attempt to manipulate public opinion and apply undue influence on the commission.
According to a court filing accessed by the BBC, Meta Platforms Inc., which owns Facebook, Instagram, and WhatsApp, warned of a possible shutdown of its services in Nigeria, citing heavy fines and what it described as “unrealistic” regulatory demands.
On July 19, 2024, the FCCPC fined Meta $220 million for several violations of Nigeria’s data privacy and competition laws. The commission accused Meta and WhatsApp (collectively referred to as the “Meta Parties”) of breaching the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).
According to the FCCPC, the violations included unauthorised sharing of Nigerian user data, denying users control over their data, discriminatory practices against Nigerian users, and abusing their market dominance through unfair privacy policies.
Meta has faced similar sanctions globally. It was fined $1.5 billion in Texas and $1.3 billion in the European Union for data privacy violations. It has also faced penalties in India, South Korea, France and Australia. The FCCPC pointed out that Meta complied with rulings in those countries without threatening to exit.
The commission stated that Nigeria should not be treated differently and Meta’s threat would not alter its legal obligations or the outcome of the tribunal’s decisions.
The statement read, “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.
“The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act and the Nigeria Data Protection Regulation.
“Interestingly, Meta had been fined for similar breaches in Texas ($1.5bn) 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.”
FCCPC’s statement further read, “But Meta never resorted to the blackmail of threatening to exit those countries. 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.
“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.”
