FG issues huge warning for social media content creators

The Nigeria Data Protection Commission (NDPC) has cautioned social media content creators against photographing or filming members of the public without their knowledge and posting the footage online.

The warning was contained in a statement released on Friday in Abuja by the commission’s Head of Legal, Enforcement and Regulations, Mr Babatunde Bamigboye.

Bamigboye said capturing and publishing images of unsuspecting individuals without their consent could violate their privacy rights and contravene provisions of the Nigeria Data Protection Act as well as Section 37 of the Constitution of the Federal Republic of Nigeria 1999.

According to him, the commission has received reports of individuals who record members of the public without permission and upload such content on social media platforms for entertainment.

He cited a recent case involving a content creator who allegedly stationed himself by roadsides in Lagos to film unsuspecting passers-by as part of a reality-style social media programme.

The NDPC explained that using people’s images in such a manner required their consent, except where the individual involved could demonstrate another lawful basis for processing personal data.

Bamigboye said preliminary findings indicated that such acts amounted to deliberate intrusion into the privacy of citizens and did not serve any legitimate purpose or public interest.

“In any event, the data subjects involved have no expectation that their images will be captured and shared with the whole world by an unknown individual,” Bamigboye said.

He added that the National Commissioner of the NDPC, Vincent Olatunji, had directed operators of social media platforms to reinforce compliance with their community guidelines.

Bamigboye listed platforms requiring stricter enforcement measures as TikTok, X and services owned by Meta Platforms.

He said the directive was intended to prevent individuals from suffering harm as a result of unlawful or unfair handling of personal data.

The commission warned that platform owners who fail to act swiftly in addressing such violations could face penalties under the data protection law.

“For the avoidance of doubt, where a platform owner fails or neglects to act timeously in addressing harms, the Commission will not hesitate to impose appropriate sanctions under the NDP Act.

“More importantly, individual content creators are accountable for their acts and omissions, and may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria,” Bamigboye said.