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Threatening To Exit Nigeria Does Not Absolve From Liabilities–FG Tells META

BY CHIKA OKEKE, Abuja 

The Federal Government has hinted that Meta Platforms' threat of exiting Nigeria  does not absolve the company of liabilities for the outcome of a judicial process. 

News Rider reports that on July 19, 2024, the Federal Competition and Consumer Protection Commission (FCCPC) had fined Meta $220 million for several violations of Nigeria’s data privacy and competition laws. 

The FCCPC accused 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).

It was found that 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 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.

But instead of complying with the directives,  META threatened to leave Nigeria, which FCCPC described as a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.

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. 

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

This was contained in a statement by the Director of Corporate Affairs, FCCPC, Ondaje Ijagwu in Abuja. 

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