The Competition and Consumer Protection Tribunal has reserved judgment in an appeal filed by Meta Platforms Inc., the parent company of Facebook and WhatsApp, against the Federal Competition and Consumer Protection Commission (FCCPC),leadership reports.
Meta is challenging a $220 million penalty imposed by the FCCPC, which accused the company of violating Nigeria’s competition and data protection laws. The three-member panel, led by Justice Thomas Okosun, adjourned judgment to a later date, which will be communicated to the parties involved after hearing their oral arguments.
In its appeal, Meta argues that the FCCPC’s decisions, penalties, and demands are vague, excessive, technically unfeasible, and not supported by Nigerian law.
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On July 12, 2024, the FCCPC fined Meta and WhatsApp $220 million following a joint report alleging multiple, repeated, and ongoing violations of the Nigeria Data Protection Regulation (NDPR), 2019.
The Commission accused Meta of engaging in abusive data collection practices against Nigerian consumers, including collecting personal data without consent. It also claimed that Meta discriminated against Nigerian data subjects by treating them differently from users in other jurisdictions.
According to the report, Meta’s practices constituted prolonged and repeated violations of the Federal Competition and Consumer Protection Act, 2018 (FCCPA). The Commission further alleged that Meta failed to allow users to withdraw consent from its privacy policy, violating the NDPR. It highlighted that Nigerian users faced coercion to update the application through repeated notifications, threats of access withdrawal, and eventual restrictions on functionality for non-compliant users.
The NDPR was modeled after the European Union’s General Data Protection Regulation (GDPR), and the Commission viewed the disparity in treatment between Nigerian and European users as discriminatory.
Meta, however, contends that the FCCPC’s fine should be overturned, arguing that the directive is vague, the data-sharing order is unjustifiable, and procedural errors were made. It also claims that the FCCPC failed to consider the operational complexities of WhatsApp, imposing an unrealistic burden on the company.
Additionally, Meta asserts that Nigerian users are free to reject its privacy policy by declining WhatsApp’s Terms of Service and choosing not to use the platform. It further argues that the FCCPC denied it a fair hearing by imposing the penalty without explaining the calculation method or allowing Meta to respond to the proposed fine.
Meanwhile, human rights lawyer Femi Falana (SAN) has filed a $5 million lawsuit against Meta Platforms Inc., accusing the company of violating his privacy.
Falana alleges that Meta published a false video about his health, featuring his name and image, on its platform—www.facebook.com. The video falsely claims he has suffered from prostatitis for 16 years. Falana contends that this publication is “false, inaccurate, misleading, and unfair,” violating Section 24(1)(A) and (E) of the Nigeria Data Protection Act, 2023.
He is seeking a court declaration that Meta’s continued publication of his name, images, and voice in a video titled “AfriCare Health Centre” constitutes an invasion of his privacy, as guaranteed by Section 37 of the Nigerian Constitution.
Additionally, he requests an order directing Meta to immediately remove, erase, and delete the video from its platform.
Falana insists he has never suffered from prostatitis and that the wrongful publication has significantly harmed his reputation.
No date has been set for the hearing of the suit.
