Privacy Rights: SERAP Threatens Legal Action Against Facebook

The Socio-Economic Rights and Accountability Project (SERAP) has called on Mark Zuckerberg, the Chairman and CEO of Meta Platforms (the parent company of Facebook), to pay the $220m fine imposed by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC).

This fine was recently upheld by the Competition and Consumer Protection Tribunal.

In an open letter dated April 26, 2025, SERAP demanded that Zuckerberg and Meta not only pay the fine, but also provide justice and adequate remedies to victims affected by severe breaches of Nigerian consumer, data protection, and privacy laws, as well as international human rights standards.

The organisation also called for Meta to pay the $35,000 awarded by the Tribunal to cover the costs of the FCCPC’s investigation.

Additionally, SERAP urged Zuckerberg and Meta to immediately cease the violations identified by the Tribunal, take steps to prevent further breaches, and ensure accountability for those responsible for these violations.

The Tribunal’s decision last Friday affirmed the FCCPC’s $220m fine against Meta for serious violations of Nigerian laws regarding consumer protection, data privacy, and human rights.

In the letter issued and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation stated as Chairman and CEO, it is the responsibility of Zuckerberg to ensure greater transparency, human rights due diligence, and accountability within Meta to protect the human rights of Nigerians.

SERAP added that the Tribunal’s ruling confirms that Meta’s operations in Nigeria have infringed upon the human rights of Nigerians, creating a harmful environment for human rights on the platform.

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.”

Privacy Rights: SERAP Threatens Legal Action Against Facebook is first published on The Whistler Newspaper