By Abiodun Folarin
WorldStage– The Nigerian government will sanction content creators for posting pictures and videos of any person without their authorization on online social media platforms, noting that such acts violate citizens’ rights to informational self-determination as guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).
The NDPC, in a statement on Friday signed by Head of Legal, Enforcement, and Regulations, Babatunde Bamigboye, Esq., said the attention of the commission had been drawn to the activities of individuals who take pictures and video footage of unsuspecting members of the general public and share them on social media platforms.
According to the commission, these acts violate citizens’ rights to informational self-determination as guaranteed under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).
Bamigboye, citing an incident, said a particular case of a content creator who stood at roadsides in Lagos State to create a “reality show” featuring unsuspecting members of the general public raises concerns about the abuse of rights in the name of entertainment.
“Processing the images of people in this circumstance requires consent unless the creator can justify their actions under other lawful bases of data processing. Preliminary investigation by the Commission reveals that this willful invasion of citizens’ privacy serves neither a public nor a legitimate interest,” the statement said.
“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.
“In the wake of this development, the National Commissioner/CEO of the Commission, Dr. Vincent Olatunji, has directed platform owners (such as TikTok, X, and Meta) to step up enforcement of community guidelines with a view to preventing harm to individuals through unlawful and unfair processing of personal data.
“For the avoidance of doubt, where a platform owner fails or neglects to act promptly 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.”
