By Ismail Azeez
The Nigeria Data Protection Commission (NDPC) has issued a warning to social media content creators filming unsuspecting members of the public without consent could lead to heavy sanctions or criminal prosecution.
In a statement released on Friday, Babatunde Bamigboye, the NDPC’s Head of Legal, Enforcement & Regulations, urged creators to respect the privacy rights of Nigerians.
The warning follows a surge in hidden camera style videos and reality shows filmed in public spaces across the country.
The Commission noted that capturing and sharing unauthorized footage violates a citizen’s right to informational self-determination, as guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act, 2023 (NDP Act).
The NDPC specifically highlighted a trending case in Lagos.
“The case of a content creator who stands at roadsides in Lagos to create a ‘reality show’ of unsuspecting members of the public raises concerns about abuse of rights in the name of entertainment,” the statement read.
The Commission clarified that processing an individual’s image requires explicit consent unless a legitimate, lawful basis can be proven something the NDPC says wilful invasion of privacy for social media views fails to meet.
Dr. Vincent Olatunji, the National Commissioner/CEO of the NDPC, has now directed major platforms including TikTok, X (formerly Twitter), and Meta to tighten the enforcement of their community guidelines.
The Commission warned that if these platforms fail to act timeously to prevent harm caused by unlawful data processing, they will face sanctions under the NDP Act.
The message to solo influencers and pranksters was clear, you are not shielded by your platform.
“Individual content creators are accountable for their acts and omissions.”
“They may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria,” Bamigboye stated.