$220m fine: WhatsApp’s ‘exit’ threat attempt at influencing public opinion, says FCCPC

The Federal Competition and Consumer Protection Commission (FCCPC) says WhatsApp’s threat to exit the country in response to a $220 million fine is a strategy to influence public opinion. 

In a statement on August 1, the FCCPC said the threat is also a move to force the commission to reconsider its decision.

On July 19, FCCPC imposed a fine of $220 million on Meta, the parent company of WhatsApp, Facebook, and Instagram, for multiple data privacy violations.

A spokesperson at WhatsApp told TheCable that the company relies on limited data to run its service and keep users safe, and it would be impossible to provide WhatsApp in Nigeria or globally, without Meta’s infrastructure given the FCCPC’s demands.

“This order contains multiple inaccuracies and misrepresents how WhatsApp works and we are urgently appealing the order to avoid any impact to users,” a WhatsApp spokesperson said.

However, the commission said its actions stem from justifiable worries about data privacy and consumer protection.

“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 statement reads.

“The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).

“The Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA and the NDPR.

“These infringements included denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorisation, discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies.”

The final order, according to FCCPC, mandates that Meta parties take steps to comply with Nigerian law, stop exploiting Nigerian consumers, change their practices to match Nigerian standards and respect consumer rights.

To discourage future violations and ensure accountability for the alleged infringements, the FCCPC said it levied a monetary penalty of $220 million.

“The FCCPC’s actions are based on legitimate concerns about consumer protection and data privacy and the order is a positive step towards a fairer digital market in Nigeria,” the statement added.

FCCPC said similar measures are implemented in other jurisdictions without forcing companies to exit the market, adding that the case of Nigeria would not be different.