Key Points

• The tribunal upheld the FCCPC’s $220 million fine on Meta and WhatsApp.

• The ruling came after a 38-month investigation into the companies’ practices.

• The FCCPC emphasized its commitment to protecting Nigerian consumers’ rights.

A tribunal has upheld a $220 million fine imposed on Meta Platforms (Facebook) and WhatsApp LLC by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC).

This follows the two social media giants’ appeal against the regulatory decision, challenging both the findings and the legal basis of the penalty.

Background on the case

The FCCPC’s investigation into Meta and WhatsApp’s practices lasted 38 months. In its conclusion, the FCCPC determined that the companies engaged in discriminatory and exploitative actions against Nigerian consumers, particularly regarding privacy practices and consumer data policies.

The findings were based on a joint investigation with the Nigeria Data Protection Commission (NDPC), which found that Meta and WhatsApp violated Nigerian laws.

The fine stems from this investigation, which began in 2020. Meta and WhatsApp appealed the FCCPC’s findings and the imposed fine, but the tribunal affirmed the ruling, confirming that the Commission acted within its legal mandate and did not err in its judgment.

The tribunal’s ruling

The tribunal, led by Thomas Okosun, dismissed the appeal filed by Meta and WhatsApp, validating the FCCPC’s investigative processes.

It ruled that the companies’ actions violated Nigerian law, specifically addressing privacy policies that infringed on consumer protection rights.

The tribunal also upheld the authority of the FCCPC under Nigerian law, affirming its power to regulate even sectors like data protection and privacy.