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Tribunal orders Meta, WhatsApp to pay FCCPC $220 Million fine, $35,000 in 60 days for discriminatory practices.

Nigeria’s Competition and Consumer Protection Tribunal on Friday ordered WhatsApp and Meta Platforms Incorporated to pay a $220 million penalty and $35,000 to the Federal Competition and Consumer Protection Commission (FCCPC) within 60 days over data discrimination practices in Nigeria.

The tribunal upheld the $220 million penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) on WhatsApp and Meta Platforms Incorporated, as well as $35,000 as reimbursement for the Commission’s investigation against the social media giant.

The tribunal also dismissed the appeal of WhatsApp and Meta Platforms Incorporated regarding the $220 million penalty imposed by the FCCPC for alleged discriminatory practices in Nigeria.

The tribunal’s three-member panel, led by Thomas Okosun, passed the verdict on Friday.

WhatsApp and Meta’s legal team, led by Professor Gbolahan Elias (SAN), and the FCCPC’s legal team, represented by Babatunde Irukera (SAN), a former Executive Vice Chairman of the Commission, made their final arguments on behalf of their respective clients on January 28, 2025.

Nairametrics previously reported that WhatsApp and Meta Platforms Incorporated had appealed to the tribunal, arguing that the FCCPC’s $220 million penalty should be overturned, citing 22 reasons, including alleged vague directives, unjustifiable data-sharing orders, and procedural errors.

The appellants claimed that the FCCPC’s demands were vague, technically impossible to implement within the stipulated timeframe, and unsupported by Nigerian law.

The fine imposed by the FCCPC followed an investigation into alleged violations of data protection and consumer rights by Meta and WhatsApp.

The Commission expressed concerns about Meta’s allegedly abusive and invasive practices affecting data subjects and consumers in Nigeria.

What WhatsApp and FCCPC Legal Documents Say

In their appeal, the appellants argued that the FCCPC denied them a fair hearing by imposing a hefty penalty without giving them an opportunity to understand how the penalty would be calculated or to respond to the calculation of the proposed amount.

• The appellants contended that, contrary to the FCCPC’s compliance order, identifying and building a consent mechanism for each data point processed by Nigerian users would be impossible and extremely expensive.

• However, the FCCPC maintained in its argument that the $220 million penalty was based on its resolve to remedy the company’s alleged discriminatory practices rather than impose a financial punishment.

• The Commission also highlighted its findings, which revealed that Meta engaged in exploitative practices that violated constitutional guarantees by allowing unauthorized access to and misuse of private information.

Elias had urged the tribunal not to rely on foreign laws that are not applicable in Nigeria, maintaining there is no abuse of dominance since users can choose from other providers such as TikTok and Google Meet.

In response, Irukera urged the tribunal to uphold the Commission’s orders and dismiss the appeal in its entirety. He countered the appellants’ claims about foreign precedents, stating that while foreign law is not binding, it is persuasive in similar contexts.

The FCCPC also sought the tribunal’s leave to transfer the Commission’s “entire record within its custody” to the panel to support a fair and transparent adjudication of the dispute.

What The Tribunal Said

Passing its verdict on Friday, the tribunal stated that the reliance on foreign decisions by the FCCPC is appropriate and persuasive in law.

• The tribunal partially blocked the FCCPC’s entire record, which it sought to tender, while allowing its internal memo, email from Udo Udoma Law Firm, and an internal memo dated May 7, 2024, as supplementary records of appeal.

• The tribunal held that the final and supplementary orders of the FCCPC were validly executed in line with the FCCPC Act and the Evidence Act.

• The tribunal also held that WhatsApp and Meta did not provide any substantial evidence to dispute the FCCPC’s findings.

• Regarding WhatsApp’s allegations of fair hearing, Okosun stated that the issue was resolved in favor of the FCCPC because the Commission had accorded a fair hearing to the social media giants.

“The appellants were given ample opportunity to be heard,” Okosun said.

“The tribunal finds that the FCCPC did not exceed its powers while making orders in respect to data protection,” the tribunal said, adding that the FCCPC acted within its lawful mandate to address market dominance.

• The tribunal found that Meta and WhatsApp were wrong to transfer data of consumers to a third party, which contravened Nigeria’s data protection laws.

•The tribunal agreed with the FCCPC that the privacy policy of WhatsApp and Meta breached Nigerian laws.

“The tribunal finds no error in the overall orders of the FCCPC,” the tribunal held.

“Accordingly, the administrative penalties of the FCCPC were lawfully imposed on Meta and WhatsApp,” the tribunal held.

The tribunal ruled that the appellants’ appeal against the FCCPC failed and was dismissed.

The tribunal subsequently made the following orders:

• Meta parties shall immediately reinstate the right of Nigerian users to determine how their data is shared.

• Meta parties must submit a letter of compliance to this effect by July 1, 2025.

• Meta parties must ensure that they update their application to allow Nigerians to fully express their legitimate right to relate with each data point.

• Meta parties must, within 10 days, provide their proposed policy to the FCCPC and NDPC, and the same must be published.

• Meta shall immediately stop the process of sharing Nigerian users’ information with Facebook and other third parties.

• The tribunal directed Meta to immediately revert to its data-sharing policy of 2016.

• Meta parties must cease the tying of WhatsApp data to Facebook and other third parties without explicitly seeking and obtaining consent from Nigerian users and must provide evidence of compliance.

• Meta must reimburse the FCCPC $35,000 for its investigation.

• Meta must pay the $220 million fine no later than 60 days from Wednesday, April 30, 2025.

What You Should Know

Following the FCCPC’s orders, WhatsApp stated: “In 2021, we globally informed users about how talking to businesses would work. While there was initial confusion, it has proven quite popular.”

Similar fines are not uncommon. The European Data Protection Board had fined Meta a record €1.2 billion for non-compliance with EU privacy regulations.

Over the past five years, Big Tech companies such as Amazon, Meta, and Google have faced significant fines under the European Union’s General Data Protection Regulation (GDPR).

The legality of the FCCPC’s penalties against Meta Platforms Incorporated is now a matter for the tribunal to decide.

Source: https://nairametrics.com/2025/04/25/tribunal-orders-meta-whatsapp-to-pay-fccpc-220-million-fine-35000-in-60-days-for-discriminatory-practices/

Wow, Meta and WhatsApp must pay $220 million, very big fine for not using people's data the right way.

Wats popping?

dis sadistic & satanic govt looking for every way to milk anybody milkable.

Na small money

Lol.

FG seriously needs FX to defend the Naira.

Agbadonomics 101.

WHATSAPP don turn CASH APP for Govt

are they all ONE now

ednut1:
They would rather leave Nigeria than pay. So who loses?

bruv, if u na BUSINESSMAN, u no fit own BRANCHES oooo, na just under one tree branch for JUCTION ur KIOSK go dey run. so because of tansho MONEY to the COMPANY, dem go LEAVE mainstream MARKET?
u think na PEANUT dem dey see for NIGERIA?
come to LONDON and see FACEBOOK HQ in kingcross , where BILLION is made daily... they have up to 2k people in the whole plaza, it takes 90mins to eradicate dem incase of FIRE INCIDENTS/ALARM but they LOSE MILLIONS per HOUR in such incidents

appleous:
You write like an illiterate

BUT fortunately i'm in a position to GIVE EDUCATION for FREE to UR GENERATIONS to COME. another LESSON of LIFE~#REBORN AWOLOWO

Super story

Great100000:
[b]Tribunal orders Meta, WhatsApp to pay FCCPC $220 Million fine, $35,000 in 60 days for discriminatory practices.



Source: https://nairametrics.com/2025/04/25/tribunal-orders-meta-whatsapp-to-pay-fccpc-220-million-fine-35000-in-60-days-for-discriminatory-practices/

Until I see them pay. They won't pay a dime.

Belike the receipt wen Kwankwaso present pass Jagaban power

They would rather leave Nigeria than pay. So who loses?

What's will leave Nigeria over this..make I go activate Telegram...

Good thing they don’t have physical office in Nigeria

While getting them fined for data breach is fantastic, what is the business impact of their suspension of service on businesses in the country?

Ol

Lol, gbese pro max. Meta will rather leave Nigeria I guess.

money don finish, time to extort from anyone in sight. Na so una been wan use Binance break bread.

Good.Cos how can I tell someone that I want to buy a wrist watch and since then I can't use Facebook without dozens of wrist watch adverts on my page. It's like they even listen to our private discussions. No privacy anymore.

We must be hard on meta, Amazon, x...tax them more.

European nations are cashing in off these platforms, and Nigeria have a lot of numbers on there, our government should learn how to make money from foreign businesses and nations, like the wise European people do.

Great100000:
[b]Tribunal orders Meta, WhatsApp to pay FCCPC $220 Million fine, $ 35,000 in 60 days for discriminatory practices.



Source: https://nairametrics.com/2025/04/25/tribunal-orders-meta-whatsapp-to-pay-fccpc-220-million-fine-35000-in-60-days-for-discriminatory-practices/

Dem for kuku steal am from their pocket now, no need of using the court 😝 .

Shingbai they won't pay

Government dey find money like mad

SocialJustice:
Lol, gbese pro max. Meta will rather leave Nigeria I guess.

Do they have physical office in Nigeria?

Meta should have immediately hired Irukera after he left the FCCPC.

That guy and Nnamdi Dimgba are some of the best in competition law in Naija.

If they went against the law then they should pay naw if not they should appeal ah! I no get time to read long story.

MichaelSokoto:
Wats popping?

dis sadistic & satanic govt looking for every way to milk anybody milkable.

I just popped into the thread to look for posts like this and here u are, enemies from within.
U guys can support against your country.
There are many people that don't support the present govt but this particular trait is how u recognise Obidients.

Lol

MichaelSokoto:
Wats popping?

dis sadistic & satanic govt looking for every way to milk anybody milkable.

If you don't care about your data some people do. Being showm adverts from your chat or status or status you liked on WhatsApp on other platforms not just Facebook is downright intrusion. This shows the agency is working

See Nigeria oo.

Some people will see Tinubu and not Tribunal 😁

Tinubu wants to cashout from Meta. someone said he asked a friend on whatsApp that he wants to buy a wristwatch, and he kept seeing a wristwatch advert on Facebook. What is bad about that? They have given you easy ways to get the wristwatch, and you are complaining. human beings self.