Meta Platforms has appealed a Lagos High Court judgment restricting how it processes the personal information of Nigerian Facebook and Instagram users for behavioural advertising, setting up another significant test of Nigeria’s expanding data-protection regime.
Meta filed its notice of appeal on September 30 after Justice A.F. Pokanu of the Lagos High Court, Ikorodu Judicial Division, ruled that the processing and profiling of users’ data for behavioural advertising without a lawful basis violated their privacy rights.
The court awarded the applicants the naira equivalent of $100,000 in general damages and ₦1 million in costs, while directing Meta to stop unlawful processing and take steps to bring its Nigerian operations into compliance with the Nigeria Data Protection Act 2023.
The case was brought by the Incorporated Trustees of Laws and Rights Awareness Initiative alongside five individual applicants.
Consent Becomes Central Issue
At the heart of the dispute is a question with implications extending beyond Facebook and Instagram: what constitutes valid consent for targeted advertising?
Meta’s business model relies heavily on advertising.
Information generated from users’ activities can be used to determine their interests and serve advertisements that are considered more relevant to them.
Meta argued before the lower court that Facebook and Instagram are personalised services funded through advertising and that users agree to its terms and privacy policies when creating accounts.
The applicants challenged that position, arguing that their personal information had been collected, analysed and profiled for targeted advertising without valid consent.
The Court of Appeal will now have an opportunity to consider issues surrounding the relationship between platform terms, user consent and Nigerian data-protection law.
Nigeria Tightens Digital Regulation
The dispute arrives as Nigerian regulators and courts increasingly examine the activities of major international technology platforms.
With millions of Nigerians relying on social media, digital advertising and online services, questions surrounding the collection, processing and commercial use of personal information have assumed greater importance.
Nigeria’s Data Protection Act provides a statutory framework governing how organisations process personal data and establishes rights and responsibilities for data subjects and controllers.
The Meta appeal could therefore become important in determining how some provisions apply to advertising-funded online platforms.
Implications Extend Beyond Meta
The outcome could have implications for other technology companies that use behavioural data to personalise advertising and services.
For digital businesses, targeted advertising is a major revenue model.
For regulators and privacy advocates, the central question is whether users are given sufficient control over the collection and commercial use of their information. Meta’s appeal means the lower court ruling will now face further judicial examination rather than representing the final word in the dispute.
