The NDPC (Nigeria Data Protection Commission) has cautioned content creators against filming members of the public without their consent, warning that offenders could face criminal prosecution and regulatory sanctions.
The warning was contained in a statement issued on Friday on X (formerly Twitter) and signed by Babtunde Bamigboye, Head of Legal, Enforcement and Regulations at the Commission. It followed a controversy involving a Lagos-based TikToker identified as Ella, who claimed she was harassed by staff at a Bus Rapid Transit terminal in Ikorodu while recording long queues and bus shortages at the facility.
According to the Commission, it has observed a growing trend of individuals taking pictures or recording videos of unsuspecting members of the public and posting them on social media platforms.
The agency described the practice as a violation of citizens’ constitutional right to privacy, noting that people captured in such content often have no expectation that their images will be recorded and widely shared online.
“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 said.
The Commission added that creators who film people in public spaces must obtain explicit consent unless they can justify the action under lawful data processing grounds.
It also criticised the growing trend of street-based social media content in which creators record unsuspecting individuals as part of “reality-style” entertainment.
“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.
The Commission’s National Commissioner and Chief Executive, Vincent Olatunji, has directed major social media platforms including TikTok, X and Meta to strengthen enforcement of their community guidelines to prevent the unlawful processing of personal data.
The regulator warned that platforms that fail to respond promptly to complaints could face sanctions under the Nigeria Data Protection Act.
“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 said.
The Commission also stressed that individual content creators remain personally responsible for their actions and may be prosecuted for violating the privacy rights of citizens and other data subjects in Nigeria.
