The Competition and Consumer Protection Tribunal has ordered WhatsApp and its parent company, Meta Platforms Incorporated, to pay a $220 million fine and an additional $35,000 in investigation costs to the Federal Competition and Consumer Protection Commission (FCCPC) within 60 days.
The decision, delivered on Friday, follows an investigation into alleged data discrimination practices affecting Nigerian consumers. The tribunal upheld the FCCPC's imposition of the fine, describing it as justified based on Meta and WhatsApp's handling of user data.
The FCCPC launched its probe after uncovering concerns about potentially abusive and invasive data practices, including unauthorized access and misuse of Nigerian users' private information.
In their appeal, WhatsApp and Meta contested the fine, arguing that the FCCPC's directives were vague, impractical, and unsupported by Nigerian law. Their legal team cited 22 points of contention, also alleging that they were denied a fair hearing before the penalty was imposed.
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They further argued that the FCCPC's demand for a separate consent mechanism for each processed data point was unrealistic and excessively costly.
However, the FCCPC maintained that the fine was necessary not just as punishment but to correct discriminatory behavior that violated consumer rights and constitutional protections.
During the tribunal hearing, FCCPC representatives urged the panel to dismiss Meta's appeal, arguing that international precedents, though not binding, were persuasive in shaping the tribunal's ruling.
Meta's legal team, led by Professor Gbolahan Elias, pushed back, insisting that Nigerian users had viable alternatives like TikTok and Google Meet, and that the companies were not operating as market monopolies.
The tribunal ultimately sided with the FCCPC, validating the fine and affirming that global best practices in data protection provided a sound basis for its decision.
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