- Safiu Kehinde
The Federal Competition and Consumer Protection Commission (FCCPC) has talked down threat by messaging platform, WhatsApp, to leave Nigeria over $220 million fine slammed against it over alleged discriminatory data practices within the country.
NPO Reported that the Nigeria’s Competition and Consumer Protection Tribunal had ordered WhatsApp and its parent company, Meta Platforms Incorporated, to pay a significant penalty of $220 million, along with an additional $35,000 to the FCCPC.
While the platform had rejected the ruling with plan to file an appeal before the Appellate Court, WhatsApp had threaten to live Nigeria on account of the fine.
Reacting to the development in a statement issued on Saturday by its Director of Corporate Affairs, Ondaje Ijagwu, FCCPC described the exit threat as a calculated attempt by Meta to induce negative public reaction and pressurize the commission in reconsidering its decision.
FCCPC reiterated that the its action against the platform was borne out of WhatsApp’s multiple and repeated infringements of the Federal Competition and Consumer Protection Act (2018) and the Nigeria Data Protection Regulation (NDPR).
The commission held that similar action was taken against the platform in other countries, including Texas, United States, where Meta was fined $1.5 billion for violating E.U. Data Privacy Rules.
The platform, according to the statement, never made any blackmail of threatening to exit those countries but obeyed.
FCCPC affirmed its stand on the tribunal’s ruling as it urged Meta Parties to take steps to comply with Nigerian law and stop exploiting Nigerian consumers.
While also charging the platform to change its practices to meet Nigerian standards and respect consumer rights, the FCCPC held that its threat to exit the country does not absolve Meta of liabilities for the outcome of a judicial process.
The statement read in part; “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.
“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).
“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 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.
“Interestingly, Meta had been fined for similar breaches in Texas ($1.5b) and only recently was asked to pay $1.3 Billion 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.
“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.”