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FCCPC: Meta must pay $220m fine, rebuffs WhatsApp’s exit claim

The Federal Competition and Consumer Protection Commission (FCCPC) has dismissed claims by WhatsApp that it may leave Nigeria due to a $220 million fine imposed by the Nigerian competition watchdog against its parent company, Meta Platforms.

Fejiro AwowedebyFejiro Awowede
02/08/2024
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Mr Tunji Bello, Executive Vice Chairman /Chief Executive Officer, Federal Competition and Consumer Protection Commission (FCCPC), seen in photo.The Federal Competition and Consumer Protection Commission (FCCPC) has dismissed claims by WhatsApp that it may leave Nigeria due to a $220 million fine imposed by the Nigerian competition watchdog against its parent company, Meta Platforms.

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The Federal Competition and Consumer Protection Commission (FCCPC) has dismissed claims by WhatsApp that it may leave Nigeria due to a $220 million fine imposed by the Nigerian competition watchdog against its parent company, Meta Platforms.

In a statement posted on its X handle the FCCPC says that, “WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order appears to be a strategic move aimed at influencing public opinion and potentially pressuring the FCCPC to reconsider its decision.”

According to the government agency, “The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).

fccpc-meta-must-pay-fine
Mark Zuckerberg, Chairman/CEO, Meta Platforms.

“The FCCPC’s actions are based on legitimate concerns about consumer protection and data privacy and the order is a positive step towards a fairer digital market in Nigeria. Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different.” 

Federal Competition and Consumer Protection Commission (FCCPC).

FCCPC: Why Meta must pay

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

“The final order 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.”

“To deter future violations and ensure accountability for the alleged infringements the FCCPC also imposed a monetary penalty of $220 million.”

“The FCCPC’s actions are based on legitimate concerns about consumer protection and data privacy and the order is a positive step towards a fairer digital market in Nigeria. Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different.” 

To address these violations, the FCCPC issued an order requiring Meta Platforms to comply with Nigerian laws, stop sharing user information with third parties and align its practices with Nigerian standards. The commission also imposed a $220 million fine, as a deterrent and the cost of the investigation in the sum of $35,000.

The fine, FCCPC adds, was imposed following a three-year investigation into Meta Platforms’ operations in Nigeria. The Commission found that the company had engaged in anti-competitive practices and violated data protection laws on a massive scale.   

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Per their post, the FCCPC emphasised that similar measures have been implemented in other countries without leading to companies leaving the market. Recently, Meta agreed to pay Texas $1.4 billion to settle a lawsuit which alleged that the company used personal biometric data without obtaining user consent through its facial recognition software.

The Nigerian competition regulator says it is confident that the Nigerian case will follow a similar path and that WhatsApp will ultimately comply with the order.

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