LAGOS, Nigeria — Nigeria’s Competition and Consumer Protection Tribunal don order WhatsApp and Meta Platforms Incorporated to pay $220 million fine plus additional $35,000 wey dem go use clear investigation cost within 60 days, over dat discrimination practices wey dem dey do against Nigerian users. Dis one happen on Friday as tribunal upheld the penalty wey Federal Competition and Consumer Protection Commission (FCCPC) impose on dem.
The tribunal wey get three members, led by Thomas Okosun, don reject the appeal wey WhatsApp and Meta bring, affirming the penalties and directives from FCCPC. The legal team for Meta, led by Professor Gbolahan Elias (SAN), argue say the FCCPC fine no dey fair, citing 22 reasons, including vague directives and procedural errors.
Dem also complain say FCCPC deny dem fair hearing, saying dem no dey given opportunity to understand how the $220 million fine dey calculated. But FCCPC legal team, represented by Babatunde Irukera (SAN), counter the argument, saying the penalty no be punitive but corrective, meant to address discriminatory practices by Meta.
Irukera said Meta’s practices dey violate consumer rights, allowing unauthorized access and misuse of private information. He add say while foreign laws no dey bind, dem fit serve as persuasive precedent for similar regulatory matters.
In the tribunal ruling, dem find say no merit for the argument wey Meta and WhatsApp present. Dem conclude say FCCPC dey operate within di law mandates, and dem don give WhatsApp and Meta fair hearing. “Di appellants were given ample opportunity to be heard,” Okosun talk. “We no see error in di overall orders from FCCPC,” he add.
On top issues of consent and data-sharing, di tribunal rule say transfer of user data to third parties without explicit consent dey violate Nigeria’s data protection laws. Dem agree with FCCPC say WhatsApp and Meta privacy policies dey breach local legal standards.
Following di tribunal ruling, WhatsApp respond say, “In 2021, we don inform users globally about how we go dey interact with businesses. E don be popular since den.”
This ruling dey part of Nigeria’s ongoing effort to curtail the power of big tech companies and uphold consumer rights. Overall, similar fines don dey happen globally; for Europe, Meta don receive fine of €1.2 billion for violations of the General Data Protection Regulation (GDPR). Dis Na “historic step” for Nigeria wey dey show the commitment to consumer rights and data protection.
