We are not moved by threat to leave Nigeria, FCCPC

…Insists threat doesn’t absolve Meta of liability

From Fred Ezeh, Abuja

Federal Competition and Consumer Protection Commission (FCCPC) has stated that it’s not moved by the threat by Meta, the parent company of WhatsApp and Facebook, to leave Nigeria as a result of the recent court fine due to some breach of standards and disrespect for consumer rights.

Meta had reportedly threatened to exit Nigeria due to the recent judicial pronouncement imposing a $220 million administrative penalty against it, after it was confirmed that its subsidiaries had engaged in discriminatory and exploitative practices against Nigerian consumers.

Director, Corporate Affairs, FCCPC, Ondaje Ijageu in a statement, yesterday, noted that WhatsApp’s threat to exit Nigeria due to FCCPC’s recent order is a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.

He said that the FCCPC had investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the FCCPC Act and the Nigeria Data Protection Regulation (NDPR).

“The Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR. These infringements included denying Nigerians the right to control their personal data, transferring and sharing Nigerian users’ data without authorisation, discriminating against Nigerian users compared to users in other jurisdictions, and abusing their dominant market position by forcing unfair privacy policies.

“Interestingly, Meta had been fined for similar breaches in Texas ($1.5b) and only recently was asked to pay $1.3bn 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.”

He said 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.”

He said the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria.