A Nigerian court has upheld a $220 million fine imposed on Meta Platforms by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) for violating the country’s consumer protection and data privacy laws. The ruling, announced on Friday by the Competition and Consumer Protection Tribunal, marks a significant affirmation of Nigeria’s efforts to regulate global tech giants operating within its borders.
Meta, the parent company of Facebook, Instagram, and WhatsApp, had challenged the fine following its imposition last July, arguing that the Nigerian authorities had misinterpreted the country’s data protection laws. The court rejected the appeal, ordering Meta to comply with the penalties and regulatory demands.
The fine stems from a joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), launched in May 2021 and concluded in December 2023. The probe scrutinised Meta’s data handling practices after an update to WhatsApp’s privacy policy sparked concerns over fairness, transparency, and user consent.
Allegations of Unfair and Invasive Practices
The FCCPC accused Meta of discriminatory and exploitative practices against Nigerian consumers, noting that the company’s policies imposed more restrictive and invasive conditions in Nigeria compared to jurisdictions with similar data protection regulations.
“The investigation revealed invasive practices against Nigerian data subjects and consumers,” said FCCPC Chief Executive Adamu Abdullahi, without providing detailed examples. He noted that Meta failed to file a required Nigeria Data Protection Regulation audit report for two years and did not engage a licensed Data Protection Compliance Organisation.
In total, Nigerian regulatory agencies have fined Meta over $290 million for various infractions, including:
$220 million by the FCCPC for anti-competitive practices
$37.5 million by the advertising regulator for unauthorised advertising activities
$32.8 million by the NDPC for data privacy violations
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Meta Warns of Possible Facebook and Instagram Shutdown in Nigeria
Meta warned in court filings that it may be forced to suspend Facebook and Instagram services in Nigeria to avoid further penalties. “The applicant may be forced to effectively shut down the Facebook and Instagram services in Nigeria in order to mitigate the risk of enforcement measures,” the company stated.
Facebook is Nigeria’s most popular social media platform, used by tens of millions for communication, news sharing, and e-commerce. Any suspension would significantly impact Nigerian small businesses that rely on the platform for customer engagement and sales.
Meta’s court documents described the NDPC’s demands as “unrealistic” and “unfeasible.” The data commission required Meta to:
Seek prior approval before transferring any personal data out of Nigeria
Display an icon linking to educational videos about data privacy risks, co-produced with government-approved educational institutions and NGOs
Highlight the risks of “manipulative and unfair data processing” that could expose users to health and financial dangers
Meta accused the NDPC of “misinterpreting” data protection regulations and undermining its operational model.
Nigeria’s Regulatory Push and Broader Implications
The FCCPC’s victory is seen as a landmark moment in Africa’s push to hold Big Tech accountable. Nigeria, home to over 154 million internet users, is increasingly asserting its regulatory authority over multinational technology companies operating within its jurisdiction.
The ruling aligns with a broader global trend of increased scrutiny of Meta’s data practices. Similar legal challenges have emerged in the European Union, where privacy groups have criticised Meta’s use of user data to train artificial intelligence systems without explicit consent.
Meta previously delayed the rollout of its Llama AI model in Europe, citing “unpredictable” regulatory demands. The company began deploying the feature in the EU last month, even as privacy advocates raised objections.
A Growing Challenge for Global Tech Firms
The Nigerian court’s decision underscores the mounting challenges faced by global tech firms navigating diverse legal frameworks across regions. Analysts say the ruling could embolden other African nations to tighten oversight of data privacy, competition, and consumer protection standards.
With the deadline to pay the fines set for the end of June, Meta faces mounting pressure to comply or risk more severe enforcement actions, including the potential loss of access to one of Africa’s largest social media markets.
Neither Meta nor Nigeria’s regulatory agencies have announced further steps following the ruling.
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