Nigeria fines Meta $220m over alleged discriminatory practices

By Emmanuel Kwada

The Federal Competition and Consumer Protection Commission has imposed a $220m penalty on Meta Platforms Incorporated over alleged discriminatory practices against Nigerian data and consumers.

According to a statement signed by the Acting Chief Executive Officer of FCCPC,
Dr. Adamu Abdullahi, on Friday, the penalty follows a joint investigation by the Commission and the Nigeria Data Protection Commission into Meta’s conduct, privacy policies, and practices between May 2021 and December 2023.

The investigation found that Meta had engaged in conduct that constitutes continuing infringements of the FCCPA and NDPR, including abusive and invasive practices against data subjects/consumers in Nigeria, such as appropriating personal data or information without consent, discriminatory practices, and abuse of dominant market position.

The Commission stated that Meta had been provided with every opportunity to articulate any position, representations, refutations, explanations, or defences of their conduct and practices under the law, but had failed to do so.

The final order mandates Meta to comply with prevailing law and cease the exploitation of Nigerian consumers and their market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers.

The penalty of $220m is by the FCCPA 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020.

The statement partly reads,
“The Final Order of the Commission mandates steps and actions Meta Parties must take to comply with prevailing law and cease the exploitation of Nigerian consumers and their market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers.

Commission remains committed to protecting the privacy of Nigerians under the Constitution and all data protection laws and regulations.

“The Final order also imposes a monetary penalty of Two Hundred and Twenty Million U.S. Dollars only ($220,000,000.00) (at prevailing exchange rate where applicable) which penalty is by the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR).”

She noted that the Commission remains committed to protecting the privacy of Nigerians under the Constitution and all data protection laws and regulations, as well as ensuring that consumer rights are respected, and the markets operate fairly and transparently.