The Federal Competition and Consumer Protection Commission (FCCPC) fined $220 million, but WhatsApp and its parent firm, Meta Platforms, have offered 22 arguments against it. The only people who knew about this appeal were Nairametrics.
Meta Platforms was fined by the Federal Ministry of Industry, Trade, and Investment’s FCCPC for allegedly engaging in discriminatory acts against Nigerian consumers and data. The fine came after an inquiry into Meta’s actions and privacy regulations conducted jointly by the Nigeria Data Protection Commission (NDPC) and the FCCPC between May 2021 and December 2023.
The investigation’s findings, which included the unlawful use of personal data and unfair treatment in comparison to other areas, indicated that Meta consistently violated Nigeria’s consumer protection and data regulations.
According to Meta, the FCCPC’s guidelines are ambiguous and make unreasonably high demands. They contend that considering WhatsApp’s operational complexity, the demand to restore Nigerian users’ rights to govern their data is ambiguous and unfeasible.
Meta contests the FCCPC’s privacy policy directive as well, asserting that Nigerian consumers have the option to opt out by choosing not to utilize the service. They argue that stopping data sharing with Facebook and other third parties without the express approval of users is unreasonable and against the law and industry norms.
According to Meta, there is no legal requirement in Nigeria for the FCCPC or NDPC to preapprove a privacy policy.
Additionally, Meta claims that since users can use WhatsApp independently of Facebook, there is no justification for going back to the data-sharing policies of 2016. Additionally, Meta claims that the command to suspend WhatsApp data transfers to Facebook is unclear.
They claim that since they have not acted against the interests of Nigerian users, they do not need to give the FCCPC written assurances. Meta contests the mandate that a consumer remedy package be implemented within 15 days, arguing that this is not enough time.
The business contests the $35,000 compensation for inquiry costs, claiming there is no legal requirement. They contend that establishing data consent procedures would be unaffordable and that the $220 million fine was applied without a fair trial.Â
Meta claims that the FCCPC may audit its data practices without the presence of its employees and that updating privacy policies, which require months of work and significant stakeholder participation, does not need prior approval from the FCCPC.
Meta disputes that it coerced Nigerian consumers and that the FCCPC never officially looked into Meta. They contend that there is insufficient evidence to support fines against Meta and that WhatsApp, as a distinct legal entity, does not act on behalf of Meta. Meta contends that because the FCCPC ignored their arguments before issuing the final order, their right to a fair hearing was infringed.
In addition, Meta points out that the Executive Vice-Chairman was not consulted before signing the final order, which makes the office vacant. They contend that the FCCPC’s rulings lack proof and are irrational. Meta requests that the Tribunal vacate the FCCPC’s final ruling.
Nigeria had 41.6 million Facebook members as of May 2023. WhatsApp reacted as directed by the FCCPC, emphasizing the global user explanation that was started in 2021. As seen by recent fines from the Irish Data Protection Commission and the European Data Protection Agency, significant penalties against digital behemoths like Meta are not unusual.
The legitimacy of the most recent fines and rulings against WhatsApp and other platforms will now be decided by the courts.
