NDPC warns content creators against filming citizens without consent

The Nigeria Data Protection Commission has issued a stern warning to content creators against filming unsuspecting members of the public without their consent, threatening criminal prosecution for violators and regulatory sanctions against social media platforms that fail to act on complaints.

The warning, contained in a statement released on Friday and signed by Babtunde Bamigboye, Head of Legal, Enforcement and Regulations at the Commission, followed a controversy involving a Lagos-based TikToker identified as Ella, who alleged she was harassed by staff at a Bus Rapid Transit terminal in Ikorodu while documenting long queues and bus shortages at the facility.

The commission said it had been alerted to the growing activities of individuals who take pictures and video footage of unsuspecting persons and share them on social media, describing such conduct as a violation of the constitutional right to privacy.

Citing a preliminary investigation into the controversy, the commission stated that the practice served neither a public nor a legitimate interest, and that the individuals captured in such content had no expectation that their images would be recorded and shared with the world by an unknown person.

“These acts violate the rights of citizens 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,” the statement read.

Taking direct aim at the practice of street-based content creation, the commission stated that processing the images of people in such circumstances requires explicit consent unless the creator can justify the action under other lawful bases of data processing.

“The 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,” the statement added.

In response to the development, the Commission’s National Commissioner and Chief Executive, Dr. Vincent Olatunji, has directed platform owners — including TikTok, X, and Meta — to strengthen enforcement of their community guidelines to prevent harm caused by what the commission described as unlawful and unfair processing of personal data.

The commission warned that it would not hesitate to move against non-compliant platforms.

“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,” the statement cautioned.

Individual content creators were equally placed on notice, with the commission stressing that they remained personally accountable for their conduct.

“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,” it stated.

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