The Nigeria Data Protection Commission (NDPC), has issued a strong warning to social media content creators across Nigeria, urging them to respect citizens’ privacy rights when producing and sharing digital content. The caution comes amid growing concerns about the increasing trend of recording and publishing videos or images of unsuspecting individuals in public spaces without their consent.
According to the commission, such actions may constitute violations of Nigeria’s data protection and privacy laws, potentially exposing offenders to legal consequences, including sanctions and criminal prosecution.
Rising Concerns Over Unauthorised Filming
In recent years, Nigeria’s digital ecosystem has witnessed a surge in street-style content creation, particularly on platforms such as TikTok, X (formerly Twitter), and Instagram. Many creators film spontaneous interactions or document public situations to generate viral content and attract online engagement.
However, the NDPC says the growing practice of capturing and publishing footage of unsuspecting members of the public without their knowledge raises serious privacy concerns. The commission noted that individuals featured in such content often have no expectation that their images or personal moments will be broadcast to a global audience.
The regulator stated that the practice amounts to an abuse of personal data and violates citizens’ rights to informational self-determination, a principle protected under Nigerian law.
Legal Framework Protecting Privacy
The NDPC emphasized that Nigeria’s legal framework clearly protects citizens from unauthorised collection and processing of personal data. These protections are enshrined in both the Constitution and data protection legislation.
Specifically, the commission cited:
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Section 37 of the 1999 Constitution of the Federal Republic of Nigeria, which guarantees citizens the right to privacy.
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The Nigeria Data Protection Act (NDPA) 2023, which regulates the collection, processing, and sharing of personal data in the country.
Under these laws, images and videos that identify individuals are considered personal data. Processing such data—including recording, storing, or publishing it—requires lawful justification, most commonly the consent of the person involved.
Without consent or another legally recognised basis, the publication of such content may be deemed unlawful.
Example Triggering the Warning
The NDPC’s warning followed reports of content creators filming members of the public on roadsides and other public spaces for online “reality show”-style videos. In one cited case in Lagos, a creator allegedly recorded unsuspecting passers-by and uploaded the footage to social media platforms for entertainment purposes.
Preliminary findings by the commission suggested that such acts represent a deliberate invasion of privacy and do not serve any legitimate public interest.
The commission stressed that people captured in these videos typically have no expectation that their images will be shared widely online by strangers.
NDPC Directs Social Media Platforms to Act
The commission also placed responsibility on social media platforms to help address the problem.
Under the directive of NDPC’s National Commissioner, Vincent Olatunji, platform owners were urged to strengthen enforcement of their community guidelines and act promptly when privacy violations are reported.
Platforms specifically mentioned include:
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TikTok
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X (Twitter)
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Meta Platforms
The NDPC warned that platforms that fail to take action against harmful or unlawful content may face regulatory sanctions under Nigeria’s data protection laws.
Potential Consequences for Violators
The commission made it clear that both platforms and individual creators could be held accountable for privacy breaches.
Possible consequences include:
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Regulatory sanctions against digital platforms that fail to address violations
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Civil liabilities for privacy breaches
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Criminal prosecution for content creators who unlawfully process personal data
The NDPC emphasized that creators remain personally responsible for their actions online and cannot rely solely on platform policies to justify their conduct.
Balancing Creativity and Privacy
While acknowledging that social media content creation has created economic opportunities for many Nigerians, the NDPC maintained that innovation must not come at the expense of fundamental rights.
The commission urged creators to adopt ethical digital practices, including:
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Obtaining consent before filming individuals
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Avoiding the publication of identifiable images without permission
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Respecting the dignity and privacy of members of the public
By adhering to these principles, content creators can continue to produce engaging material while complying with Nigeria’s data protection regulations.
Conclusion
The NDPC’s warning highlights the growing importance of privacy protection in Nigeria’s rapidly expanding digital environment. As social media continues to shape communication, entertainment, and commerce, regulators are increasingly focused on ensuring that citizens’ rights remain protected.
For content creators, the message is clear: creativity and online popularity must be balanced with respect for privacy and compliance with data protection laws. Failure to do so may not only harm individuals but also attract serious legal consequences.
