WhatsApp, Meta To Pay $220 Million Fines As Tribunal Dismisses Appeal, Reasons Emerge
- Regulatory oversight is getting tougher in the digital space, as the federal government intensifies its efforts to protect Nigerians
- WhatsApp and Meta now have a $220 million fine hanging over them as a tribunal has upheld the FCCPC penalties
- The tribunal also issued an additional fine and eight other orders for the social media company to comply with
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Legit.ng journalist Ruth Okwumbu-Imafidon has over a decade of experience in business reporting across digital and mainstream media.
The Nigerian Competition and Consumer Protection Tribunal has upheld $220 million fine against WhatsApp, and its parent company, Meta Platforms Incorporated.
The Federal Competition and Consumer Protection Commission (FCCPC) issued the penalty against WhatsApp and Meta over alleged discriminatory data practices against Nigerian users.
In the landmark ruling, the tribunal dismissed the appeal from WhatsApp and Meta and ordered them to pay an additional $35,000 to the FCCPC to cover investigative costs.
Source: Getty Images
The ruling, from the three-member panel led by Thomas Okosun, upheld the FCCPC penalties and mandated that both fines be paid within the next 60 days.
WhatsApp, Meta appeal over FCCPC penalties
WhatsApp and Meta, both represented by Professor Gbolahan Elias (SAN), contested the FCCPC’s penalty, stating that the FCCPC’s directives were impractical, lacked clarity, and did not align with Nigerian law.
Their appeal cited 22 grounds, including claims of vague directives, unjustifiable data-sharing orders, and procedural errors.
Both parties added that they did not understand the basis upon which the fine was calculated, nor were they given a fair hearing in the proceeding.
They argued that the order to build consent mechanisms for each user data point processed in Nigeria was neither feasible nor cost-effective, and that Meta had not abused market dominance since users had other options like TikTok and Google Meet.
In its response, FCCPC, represented by its counsel, Babatunde Irukera (SAN), stated that the penalties were corrective, not punitive, and meant to stop Meta’s practice of enabling unauthorised access to and misuse of private information, which violates consumer rights.
Irukera argued that these practices were discriminatorily being implemented in the Nigerian space, and referenced foreign laws which could serve as persuasive authority in the regulatory matter.
Tribunal rules on WhatsApp and Meta vs FCCPC
The Tribunal insisted in its ruling that the FCCPC was acting within the powers granted it by the FCCPC Act and the Evidence Act.
The Tribunal added that the appellants had been granted a fair hearing; hence, no error was found in the FCCPC orders and penalties, News Central TV reports.
It said;
“Accordingly, the administrative penalties of the FCCPC were lawfully imposed on Meta and WhatsApp.”
The Tribunal also issued further orders to Meta and WhatsApp.
Source: Getty Images
- Meta must immediately reinstate the right of Nigerian users to control how their data is shared.
- By July 1, 2025, Meta is required to submit a letter of compliance to the FCCPC.
- Within 10 days, Meta must provide the FCCPC and the Nigeria Data Protection Commission (NDPC) with a proposed user data policy and publish it.
- Meta must cease sharing Nigerian user information with Facebook and third parties, reverting to its 2016 data-sharing framework.
- WhatsApp data must no longer be tied to Facebook or any third-party platform without obtaining explicit consent from Nigerian users.
- Meta must provide proof of compliance with these requirements.
- Meta is ordered to reimburse the FCCPC with $35,000 for investigative expenses.
- The $220 million fine must be paid no later than 60 days from April 30, 2025.
Recall that Meta was similarly fined €1.2 billion by the European Data Protection Board for violations of the General Data Protection Regulation (GDPR).
This ruling marks a major step in the Nigerian government's attempt to regulate major tech and social media giants.
Meta faces lawsuits over unlawful data practices
In related news, Legit.ng reported that about 200 French media groups, including leading television channels and newspapers, are taking legal action against Meta, the owner of Facebook and Instagram, over its online advertising practices.
The groups stated, through their lawyers, that Meta was targeting ads based on the massive and unlawful collection of users’ personal data."
This, they said, was unfair business practice, especially since the data was used without seeking or securing users consent.
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Source: Legit.ng
