Privacy rights: Pay $220m fine, compensate victims or face legal action, SERAP tells Zuckerberg, Meta
Socio-Economic Rights and Accountability Project (SERAP) has urged Mr. Mark Zuckerberg, Chairman and Chief Executive Officer, Meta Platforms Incorporated (Facebook) to “immediately pay the $220 million fine imposed on Meta by the Federal Competition and Consumer Protection Commission (FCCPC), and upheld by the Competition and Consumer Protection Tribunal.”
SERAP urged Mr. Zuckerberg and Meta “to provide (in addition to the fine) justice and effective remedies, including adequate compensation and guarantees of non-repetition for the victims of the grave violations of Nigerian consumer, data protection and privacy laws and international human rights standards.”
SERAP also urged Mr. Zuckerberg and Meta to “immediately pay the $35,000 awarded by the Tribunal to the FCCPC as cost of investigation.”
SERAP urged Mr. Zuckerberg and Meta to “immediately halt the violations found by the Tribunal and prevent their re-occurrence, as well as ensure the accountability of any person(s) responsible for the violations.”
Last Friday the Competition and Consumer Protection Tribunal upheld the $220 million fine against Meta by Nigeria’s FCCPC for the grave violations of consumer, data protection and privacy laws.
In the letter dated 26 April 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “As Chairman and CEO, you ought to ensure enhanced transparency, human rights due diligence, accountability and remediation by Meta to ensure that Nigerians’ human rights are not threatened or violated.”
SERAP said, “The Tribunal’s judgment confirms that the operations of Meta (Facebook) in Nigeria have violated Nigerians’ human rights and continued to have a chilling effect on the enjoyment of human rights on Meta platforms.”
The open letter, read in part: “SERAP is concerned that the human rights violations found by the Tribunal may be ongoing, and have a high risk of recurrence, if not adequately and effectively redressed.”
“SERAP urges you and Meta not to unnecessarily prolong the harms suffered by the victims by resisting the temptation to pursue any appeal against the Tribunal’s judgment under the provisions of section 55 the FCCP Act.”
“The Tribunal’s judgment also shows clear and strong evidence that the operations of Meta in Nigeria are inconsistent and incompatible with international human rights standards including the UN Guiding Principles on Business and Human Rights.”
“We would be grateful if these measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions at the national, regional or international levels to compel you and Meta to comply with our requests in the public interest.”
“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], Federal Competition and Consumer Protection Act, the UN Guiding Principles on Business and Human Rights and other applicable international human standards binding on Meta.”
“SERAP is concerned that Meta has not only grossly violated the provisions of the FCCP Act as confirmed by the Tribunal but also international human rights standards including the UN Guiding Principle on Business and Human Rights.”
“SERAP notes that your companies have a responsibility to respect human rights as set forth by the UN Guiding Principle on Business and Human Rights.”
“This responsibility requires that Meta avoid causing or contributing to adverse human rights impacts through its own activities, and adequately and effectively redress such impacts when they occur.”
“Meta should seek to prevent or mitigate adverse human rights impacts that are directly linked to its operations, products or services.”
“Your companies also have the responsibility to contribute to and facilitate the exercise of the rights to privacy and to ensure data security and privacy, and ensure that the use of data is in compliance with international human rights law.”
“Section 152 of the Federal Competition and Consumer Protection (FCCP) Act provides that where – (a) the consumer’s right has been violated, or (b) a wrong has been committed, the consumer shall in addition to the redress which the Commission may impose have a right of civil action for compensation or restitution.’”
“Under section 154 of the FCCP Act, victims of the grave violations by Meta are entitled to adequate compensation for the harm suffered.”
“Section 54 of the FCCP Act provides that ‘An order, ruling, award or judgment of the Tribunal shall be- (a) binding on the parties [including Meta] before the Tribunal; and (b) registered with the Federal High Court for the purpose of enforcement only.’”
“According to our information, the Competition and Consumer Protection Tribunal on Friday, April 25, 2025 upheld the $220 million fine against Meta Platforms for the grave violations of Nigerian consumer, data protection and privacy laws and international human rights standards.”
“The Tribunal’s judgment followed the administrative penalty imposed on Meta on July 19, 2024 by the FCCPC after concluding that the companies engaged in discriminatory and exploitative practices against Nigerians.”
“The Tribunal’s judgment followed a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp.”
SERAP therefore urged Mr. Zuckerberg and Meta to:
- Publicly commit to immediately obeying the Tribunal’s judgment and paying the $220 million fine against Meta for the grave violations of Nigerian consumer, data protection and privacy laws and international human rights standards.
- Publicly commit to immediately identifying the victims and providing them justice and effective remedies, including adequate compensation and guarantees of non-repetition for the grave violations they have suffered.
- Publicly commit to immediately paying the $35,000 awarded by the Tribunal to the FCCPC as cost of investigation.
- Promptly provide information as to what human rights due diligence steps, as set out in the United Nations Guiding Principles on Business and Human Rights, if any, have been undertaken by your companies to identify, mitigate, and remedy the impact of the violations found by the Tribunal on Nigerians’ enjoyment of their human rights, including the right to privacy.
- Promptly provide information as to how Meta is applying the UN Guiding Principles on Business and Human Rights and other applicable international human rights standards to all stages of its operations in Nigeria, following the Tribunal’s judgment.
- Promptly provide information as to the steps your companies have taken, or are considering, in publishing transparency reports regarding the violations found by the Tribunal, and putting international human rights standards at the centre of your business model.