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Meta lists 22 reasons why Nigerian Tribunal should quash FCCPC’s $220 Million penalty

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WhatsApp and its Parent company, Meta, have filed an appeal with the Nigerian Competition and Consumer Protection Tribunal, seeking to overturn a $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC).

The company has laid out 22 reasons why the penalty, which followed a detailed investigation, should be overturned.

At the top of its argument, Meta says the FCCPC’s directives are not just vague but also technically unfeasible. The company argues that the requirements fail to consider the operational complexities of their services and are unsupported by Nigerian law.

Specifically, Meta and WhatsApp highlight that the FCCPC’s order to “immediately reinstate the rights of Nigerian users” is unclear and imposes an unrealistic burden.

Meta disputes the FCCPC mandate to halt data sharing with other Facebook entities and third parties, arguing it is inconsistent with legal standards and industry practices. It challenges the necessity and feasibility of the proposed “remedy package,” claiming the 15-day compliance period is insufficient.

In addition, Meta asserts that the FCCPC lacked the authority to enforce certain conditions, such as requiring prior approval of privacy policies, also pointing to procedural fairness, stating that they were not given adequate opportunity to contest the findings or calculations that led to the fine.

The reasons as listed for appealing the FCCPC’s $220 million penalty are:

  1. Vague Directives: The directive to “immediately reinstate the rights of Nigerian users” is considered excessively vague and creates uncertainty.
  2. Technical Impracticality: The FCCPC’s requirements do not account for the operational complexities of WhatsApp, making compliance burdensome and technically impossible within the timeframe.
  3. Ambiguous Privacy Policy Order: The order regarding the privacy policy is ambiguous, given that WhatsApp users can choose not to accept the Terms of Service.
  4. Unjustifiable Data-Sharing Order: The order to halt sharing user data with other Facebook companies and third parties is deemed unjustifiable and against industry standards.
  5. Lack of Legal Basis for Privacy Policy Approval: There is no legal requirement for privacy policies to be approved by the FCCPC or the Nigeria Data Protection Commission.
  6. 2016 Data Sharing Practices: The directive to revert to 2016 data-sharing practices lacks a legal basis.
  7. Unclear Data Transfer Blockage: Instructions to stop data transfer without explicit user consent are not clear.
  8. No Need for Written Assurance: The requirement for a written assurance to not infringe on consumer rights is unnecessary.
  9. Inadequate Remedy Package Timeframe: The 15-day period for implementing a proposed remedy package is inadequate.
  10. Investigation Cost Reimbursement: The order to reimburse the FCCPC $35,000 for investigation costs has no legal basis.
  11. Excessive Penalty: The penalty is hefty and was imposed without a fair hearing.
  12. Impossibility of Data Consent Mechanisms: Building a consent mechanism for each data point is deemed impossible and costly.
  13. Audit Without Personnel Presence: The FCCPC can conduct audits without Meta’s physical presence in Nigeria.
  14. No Need for Prior Approval: There is no power for the FCCPC to compel prior approval of privacy policy updates.
  15. Extended Implementation Time: Remedy packages require more time for implementation than provided.
  16. No Coercion of Consumers: There is no coercion or tying of products that forecloses competition.
  17. Meta Not Formally Investigated: Meta was not formally investigated by the FCCPC, which ordered Meta to produce information regarding WhatsApp.
  18. No Evidence Against Meta: There is no evidence to warrant treating Meta as a target of the FCCPC’s orders.
  19. Right to Fair Hearing: The appellants argue that their right to a fair hearing was violated.
  20. Lack of Opportunity to Query Penalty Calculation: Meta and WhatsApp were not allowed to challenge the penalty calculation.
  21. No Findings Against Meta: The Final Order lacks findings of fact or law against Meta.
  22. Unsigned Final Order: The penalty was imposed without signatures from the Executive Chairman or Vice Chairman of the FCCPC, questioning its legitimacy.

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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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QNET Named ‘Direct Selling Company of the Year’ at AfriTECH 4.0 Awards

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QNET, a leading global lifestyle and wellness direct selling company, has been honored with the prestigious “Direct Selling Company of the Year” award at the recent AfriTECH 4.0 Conference and Awards.

This recognition underscores QNET’s significant contributions to financial inclusion and e-commerce in Africa.

The award was presented to QNET by Mr. Chike Onwuegbuchi, Co-Convener of AfriTech & ATAEx Awards. Onwuegbuchi commended QNET for its unwavering commitment to empowering individuals and driving economic growth across the continent.

He highlighted the company’s innovative approach to direct selling, coupled with its focus on financial literacy and digital innovation.

Biram Fall, Regional Manager for QNET Sub-Saharan Africa, expressed his gratitude for the recognition.

He emphasized QNET’s dedication to innovation, entrepreneurship, and digital transformation in Africa.

Fall highlighted the company’s impact on the Nigerian economy, particularly through its advanced technology and robust e-commerce platform.

“QNET’s participation in this event further solidified its position as a key player in the region’s digital transformation journey.

“We are committed to staying in Nigeria, our biggest market in Sub-Saharan Africa, and contributing to the region’s development,” Fall stated.

During his keynote speech, Fall underscored QNET’s commitment to empowering individuals through knowledge and skill development.

He highlighted the FinGreen financial literacy program, which has already trained over 1,350 young people in Nigeria to make informed financial decisions.

Fall also emphasized the potential of direct selling to drive economic growth in Africa. “Our e-commerce-driven direct-selling model provides opportunities for income generation across more than 100 countries, helping individuals pursue their goals while contributing to community growth,” he explained.

Addressing the challenges of limited banking infrastructure and cash dependency in Africa, Fall stressed the importance of financial inclusion for e-commerce growth.

He called for collaboration to accelerate financial inclusion and e-commerce growth in Africa, fostering a financially inclusive future for the continent.


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Martin Ekpeke Honored with Digital Reporting Excellence Award @ATAEx

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Martin Ekpeke, Managing Editor of ITPulse, a leading Nigerian online Information and Communications Technology (ICT) news platform, was awarded the prestigious Digital Reporting Excellence Award at the Africa Tech Alliance Excellence (ATAEx) Awards.

The award, presented by Tech Castle Foundation, recognizes Ekpeke’s exceptional coverage of cyber threats, digital privacy, and the evolving online security landscape.

“We are thrilled to honor Martin Ekpeke with the Digital Reporting Excellence Award.

“His insightful reporting has been instrumental in raising awareness about critical digital issues and empowering individuals and organizations to stay informed and protected,” said Chike Onwuegbuchi from Tech Castle Foundation.

Ekpeke expressed his gratitude for the recognition, stating, “I am deeply honored to receive this award.

“It is a testament to the hard work and dedication of the entire ITPulse team.

“We are committed to delivering high-quality, informative content that empowers our readers to navigate the complex digital world.”

The Africa Tech Alliance Excellence (ATAEx) Awards celebrate individuals, businesses, and institutions driving digital transformation in Africa.

This year’s event brought together tech enthusiasts, regulators, and other key stakeholders in the Nigerian ICT ecosystem.


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NCC Calls on Judiciary to Champion Nigeria’s Digital Transformation

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Nigerian Communications Commission (NCC) has emphasized the judiciary’s crucial role in Nigeria’s digital transformation. During the Annual Workshop for Judges on Legal Issues in Telecommunications, Executive Vice Chairman Aminu Maida highlighted the judiciary’s reliance on digital tools to enhance justice delivery.

He stressed the need for special protections for telecommunication infrastructure, which faces disruptions from vandalism, theft, and restricted access.

Maida called for judicial support to implement the Presidential Order designating telecommunications infrastructure as Critical National Information Infrastructure.

This order prohibits unauthorized actions against such infrastructure without a lawful court order.

The judiciary’s role in protecting fundamental rights, enforcing digital contracts, and developing digital jurisprudence is vital for Nigeria’s digital transformation.

Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, commended the NCC’s efforts to protect consumers from unfair practices and emphasized the judiciary’s commitment to the telecommunications sector.

She highlighted concerns such as cybersecurity risks, consumer data protection, and the need for improved dispute resolution frameworks within the digital economy.

The workshop aims to equip judicial officers with the technical expertise required to address emerging legal challenges in telecommunications.

Nigeria’s digital economy has significant growth potential, with projected revenues of $18.30 billion by 2026, expected to create employment opportunities, reduce poverty, and promote innovation.

The NCC is working with key stakeholders to ensure the seamless implementation of the Presidential Order and to keep Nigeria competitive in the global digital economy.


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