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The Federal Competition and Consumer Protection Commission has said Meta’s exit threat from Nigeria does not shield the social media giant from liability.
According to the FCCPC, the outcome of the ongoing judicial process will not be nullified by the company’s threat to leave the country.
The commission also described WhatsApp’s warning that it could be forced to exit Nigeria following the FCCPC’s recent regulatory order as a deliberate attempt to whip up public sentiment and mount undue pressure on the regulator to reverse its stance.
The consumer protection agency stated this in a statement signed by the Director of Corporate Affairs, Ondaje Ijagwu, on Saturday.
Meta Platforms Inc., the parent company of Facebook, WhatsApp, and Instagram, had warned that it may be forced to shut down the two social media platforms in Nigeria, following hefty regulatory fines and what it described as “unrealistic” demands from the authorities.
On July 19, 2024, the FCCPC imposed a $220m fine on Meta for multiple data privacy violations.
The FCCPC investigated Meta platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act and the Nigeria Data Protection Regulation.
The commission said Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR.
The infringements included denying Nigerians the right to control their 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.
Meta had been fined for similar breaches in Texas ($1.5bn) and only recently was asked to pay $1.3bn for violating E.U. Data Privacy Rules.
It faced varying penalties for similar breaches in India, South Korea, France and Australia.
The FCCPC noted that Meta never resorted to blackmail or issued threats to exit those countries, but instead complied with regulatory directives.
It added that a threat to exit the country won’t make the agency rethink its decision.
The statement read, “WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order appears to be a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.
“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.
“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. For the avoidance of doubt, the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria.”
