Tribunal Verdict: WhatsApp Challenges FCCPC’s $220m Fine, Seeks Stay Of Order

The New Diplomat
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By Kolawole Ojebisi

From all indications, the last has not been heard about the legal tussle between WhatsApp and the Federal Competition and Consumer Protection Commission (FCCPC).

This is as WhatsApp announced on Saturday that it would swiftly move to stay and appeal a ruling by Nigeria’s Competition and Consumer Protection Tribunal, which upheld a $220 million fine imposed by the FCCPC.

The messaging giant decision is contained in a statement issued in Lagos and shared with newsmen.

According to the message WhatsApp expressed its disagreement with the tribunal’s decision.

The New Diplomat had reported how tribunal’s ruling, delivered on Friday, not only upheld the hefty penalty but also directed WhatsApp and its parent company, Meta Platforms Incorporated, to pay an additional $35,000 to the FCCPC for investigative costs.

The FCCPC initially imposed the $220 million fine over accusations that WhatsApp and Meta engaged in discriminatory data practices affecting Nigerian users. WhatsApp and Meta had appealed the penalty, but the tribunal dismissed their challenge.

Responding to the decision, WhatsApp said: “We are urgently applying to stay the order and appeal today’s decision to avoid any impact to users.”

The company further criticised the ruling, arguing that it misrepresented its practices. “WhatsApp relies on limited data to run its service and keep users safe and it will be impossible to provide WhatsApp in Nigeria, or globally, without the infrastructure of our parent company, Meta,” it said.

WhatsApp stressed that it disagreed with the tribunal’s findings, pointing out that the FCCPC’s order included “multiple inaccuracies and misrepresented how WhatsApp worked.”

The development marks a significant legal battle as WhatsApp seeks to protect its operations in one of Africa’s largest digital markets.

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