The Nigeria Data Protection Commission (NDPC) has warned content creators against filming or photographing unsuspecting members of the public for social media, stating that such actions could attract sanctions for violating citizens’ privacy rights.
The commission said individuals who record and distribute images or videos without consent may face legal consequences, emphasizing that digital entertainment must not undermine fundamental rights guaranteed under Nigerian law.
NDPC also stressed that both online platform operators and content creators share responsibility for preventing the misuse of personal data, particularly where images of individuals are captured and circulated widely without authorization.
The warning was issued in a statement on Friday, signed by the commission’s Head of Legal, Enforcement and Regulations, Babatunde Bamigboye, who said such activities violate provisions protecting personal privacy.
He cited a case involving a content creator reportedly filming members of the public along roadsides in Lagos State for a social media “reality show,” describing the practice as troubling and potentially unlawful.
According to him, “These acts violate the rights of citizens to informational self-determination as guaranteed under S.37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act)”, he said.
“This particular case of a content creator who stands at roadsides in Lagos State to create a “reality show” of unsuspecting members of the general public raises concerns about abuse of rights in the name of entertainment.
“Processing the images of people, in this circumstance, requires consent unless the creator can justify her actions under other lawful bases of data processing.
“Preliminary investigation by the Commission reveals that this wilful invasion of citizens’ privacy serves neither a public nor a legitimate 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.
“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 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.”
