FCCPC fine against Meta Platforms, turning point — UK-based IT expert

Shalom Bamigboye, a renowned Nigerian UK-based entrepreneur specializing in information management and data protection, has described the Federal Competition and Consumer Protection Commission’s (FCCPC) fine against Meta Platforms, Inc. as a turning point in Nigerian tech regulation.

Bamigboye urged Nigerians to move beyond binary thinking and recognize the gravity of the accusations against Meta.

On Friday, July 19, 2024, the FCCPC issued an unprecedented fine against WhatsApp LLC and its parent company, Meta Platforms, Inc., totaling $220 million. This action marks the largest tech-related penalty ever levied by a Nigerian institution, reflecting a significant step towards regulating the operations of global tech giants within the country.

The investigation, which spanned from May 2021 to December 2023, scrutinized Meta Platforms for violations of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Nigeria Data Protection Regulation (NDPR) 2019.

The findings revealed multiple and repeated infringements, including denying Nigerian data subjects the right to self-determination, unauthorized transfer and sharing of personal data, discriminatory practices, abuse of dominant market position, and tying and bundling of services.

The FCCPC’s comprehensive investigation and subsequent penalty set a precedent for holding large tech corporations accountable for their practices in Nigeria. While some claims may require further examination, the Commission’s thorough approach is commendable, highlighting the importance of curbing the misuse of user information by big tech companies, especially in regions like Africa.

Public reaction to this landmark decision has been mixed, reflecting broader skepticism towards public institutions. While Meta Platforms have faced similar accusations in the EU, leading many to trust the FCCPC’s findings, others have voiced support for Meta, revealing a complex relationship between Nigerian consumers and regulatory bodies.

Speaking virtually with journalists on Tuesday, Bamigboye asserted that the FCCPC must build trust with the public by winning smaller battles and being perceived as a champion for the average Nigerian, who often faces poor treatment from other government agencies and local businesses.

He explained that the FCCPC should also intensify public sensitization efforts, ensuring that citizens are aware of their rights concerning personal data and understand the critical roles these commissions play in enforcing these rights.

“Nigerians must move beyond binary thinking and recognize the gravity of the accusations against Meta. Despite grievances with public institutions, it is crucial to understand that Meta must comply with Nigerian laws. With WhatsApp being the most widely used social media platform in Nigeria, boasting close to 95% penetration among internet users, the implications of this case are profound.

“Protecting the privacy rights of Nigerian citizens is paramount. However, with WhatsApp hinting at the possibility of discontinuing services in Nigeria, a cautious approach is essential. A service disruption could have counterproductive consequences, affecting millions of users.

“The FCCPC must balance its efforts between high-profile cases and everyday consumer protection. Building trust with the public involves winning smaller battles and being perceived as a champion for the average Nigerian, who often faces poor treatment from other government agencies and local businesses.

“The Nigerian Data Protection Commission (NDPC) and the FCCPC should also intensify public sensitization efforts, ensuring that citizens are aware of their rights concerning personal data and understand the critical role these commissions play in enforcing these rights.”

Bamigboye further stated, “This landmark decision by the FCCPC is a commendable step towards holding tech giants accountable. If Nigeria’s data protection regime aligns with global standards, Nigerian data subjects deserve similar treatment and protections. Ensuring compliance and fostering trust between regulators and the public will be key to the continued success of these efforts.”