FCCPC Knocks WhatsApp Over Exit Threat After $220m Fine

By Adedapo Adesanya

The Federal Competition and Consumer Protection Commission (FCCPC) has disagreed with claims that its recent $220 million penalty order and fine on WhatsApp may force the platform out of Nigeria.

In a post on X, formerly known as Twitter, the commission noted that WhatsApp’s claim that it may be forced out of the country due to its recent order is aimed at influencing public opinion and “potentially pressuring the FCCPC to reconsider its decision.”

On Thursday, Techcabal exclusively reported that a WhatsApp spokesperson said, “We want to be really clear that technically, based on the order, it would be impossible to provide WhatsApp in Nigeria or globally.

“This order contains multiple inaccuracies and misrepresents how WhatsApp works. WhatsApp relies on limited data to run our service and keep users safe, and it would be impossible to provide WhatsApp in Nigeria or globally without Meta’s infrastructure. We are urgently appealing the order to avoid any impact on users.”

Last month, the FCCPC asked Meta, the parent company of WhatsApp, Facebook, and Instagram, to pay $220 million for an alleged data privacy breach.

According to the agency, Meta was found culpable of denying Nigerians the right to self-determine, unauthorised transfer and sharing of Nigerians data, discrimination and disparate treatment, abuse of dominance, and tying and bundling.

The FCCPC noted that its decision was reached after a 38-month joint investigation by it and the Nigeria Data Protection Commission (NDPC).

The regulator also noted that its actions were based on legitimate consumer protection and data privacy concerns. It highlighted that its final order requires Meta to comply with Nigerian consumers and meet local standards.

“Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different,” the FCCPC added.

Also weighing in on the issue, Mr Babatunde Irukera, the FCCPC’s former chairman, noted on X that the approach being taken by the platform varied from that it was applying in other places it was operating.

“The same company just settled a Texas case for $1.4 billion and is currently facing regulatory action in at least a dozen nations, appealing large penalties in several countries. How many has it threatened to exit?” he quipped.