Nigeria’s FCCPC (Federal Competition and Consumer Protection Commission) asserts its orders against WhatsApp are based on legitimate concerns about consumer protection and data privacy.
This response follows reports that WhatsApp might leave Nigeria over the FCCPC’s orders. The messaging platform allegedly said that complying with the order would make it technically impossible to provide the service in Nigeria, or even globally.
According to a post on X (formerly Twitter), the commission added that the order is a positive step towards a fairer digital market in Nigeria.
“Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different.”
After investigating Meta’s conduct and operations for three years, from May 2021 to December 2023, the FCCPC concluded that Meta violated the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).
Consequently, the regulator imposed demands on Meta, requiring the company to comply with Nigerian law, desist from exploiting Nigerian consumers, meet Nigerian standards, and respect consumer rights. Additionally, the FCCPC fined Meta $220 million.
Meta appeals the case
Nonetheless, WhatsApp disagreed with the FCCPC’s claims and moved to appeal, presenting 22 arguments for a review.
In its appeal, Meta asserted that the FCCPC’s fine is unjustified and that the directive on data use is vague and lacks a solid legal basis, among other points.
A WhatsApp spokesperson stated that complying with the order would make it technically impossible to provide the service in Nigeria, or even globally, arguing that the order contains multiple inaccuracies. Additionally, sources familiar with the matter mentioned that Meta is considering “withdrawing certain services” in Nigeria.
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Per the FCCPC, WhatsApp’s claims are an attempt to draw public attention.
“WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order appears to be a strategic move aimed at influencing public opinion and potentially pressuring the FCCPC to reconsider its decision,” the regulator said.
The FCCPC stated that the $220 million fine on Meta aims to deter future violations and ensure accountability for the alleged infringements, along with other demands. In response, WhatsApp has appealed, arguing that it isn’t legally obligated to cover the investigation costs.
