Nigeria Govt Fires Back At Meta Over Threat To Exit Country

By Onoja Baba, Nigeria

Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) has declared that WhatsApp and its parent company, Meta Platforms, will not escape legal liability by threatening to pull out of the country.

The government made this known in a statement released on Saturday signed by Ondaje Ijagwu, Director of Corporate Affairs at the FCCPC.

This comes after Meta warned that it may shut down operations in Nigeria following a tribunal ruling that upheld a $220 million fine imposed on the tech giant in July 2024.

In addition to the hefty fine, the FCCPC directed Meta to pay an extra $35,000 to cover the cost of the investigation.

Other Nigerian regulatory bodies have also taken action.

The Advertising Regulatory Council of Nigeria (ARCON) fined Meta N60 billion, which is approximately $37.5 million. The Nigeria Data Protection Commission (NDPC) added another $32.8 million fine.

Altogether, Meta faces a total financial burden of $290.3 million in Nigeria.

Reacting to these developments, Meta said in court filings, “The applicant may be forced to effectively shut down the Facebook and Instagram services in Nigeria in order to mitigate the risk of enforcement measures.”

Nigeria accuses Meta of violating national data protection and consumer rights laws through its Facebook and WhatsApp platforms.

FCCPC’s Chief Executive Officer, Adamu Abdullahi, had said the Commission conducted a joint investigation with the Nigeria Data Protection Commission between May 2021 and December 2023.

The probe uncovered what Abdullahi described as “invasive practices against data subjects/consumers in Nigeria.”

He further alleged that Meta engaged in discriminatory practices, abused its dominant market position, shared data without authorisation, and denied Nigerians control over their personal data.

The FCCPC said Meta’s exit threat appeared to be a calculated attempt to stir public sentiment and blackmail the Commission into reversing its regulatory decision.

The Commission accused Meta and WhatsApp, referred to collectively as the “Meta Parties”, of multiple and repeated violations of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Nigeria Data Protection Regulation (NDPR).

According to the FCCPC, the violations included unauthorized sharing and transfer of Nigerians’ data, denying users control over their personal information, applying discriminatory practices against Nigerian users, and abusing Meta’s dominant market position by enforcing unfair privacy policies.

The Commission emphasized that Meta had been previously sanctioned in Nigeria.

In 2023, the FCCPC imposed an administrative penalty on Meta following a similar investigation into data handling and competition practices.

The company was fined ₦250 million and was ordered to make policy and operational changes to align with local laws. That order was largely ignored, the FCCPC now says.

It further noted that Meta’s pattern of misconduct is not unique to Nigeria.

In the United States, the company was fined $1.5 billion in Texas for data breaches.

In 2023, it faced a $1.3 billion fine in the European Union for violating the region’s General Data Protection Regulation (GDPR).

The statement further revealed that Meta has also been fined or sanctioned in India, South Korea, France, and Australia, but in none of those countries did it threaten to leave the market.

The FCCPC condemned what it called Meta’s “double standard,” arguing that the company obeys and pays fines in the Global North but resorts to blackmail in Africa.

The Commission’s recent final order, which was upheld by the Competition and Consumer Protection Tribunal, requires Meta to immediately end exploitative practices, reform its privacy policies, and fully comply with Nigerian data protection laws.

The FCCPC reiterated that Meta’s threat to exit Nigeria does not nullify its legal obligations or shield it from the consequences of its actions, which have already been confirmed by judicial processes.

The agency reaffirmed its commitment to protecting Nigerian consumers in the digital space and ensuring international tech giants comply with local laws.