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NDPC Moves to Curb Unauthorised Filming for Online Content
The Nigeria Data Protection Commission (NDPC) has issued a strong warning to digital content creators, skit makers, and social media influencers across Nigeria over the unauthorised filming of individuals in public spaces, describing the practice as a clear violation of citizens’ privacy rights.
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In an official statement released this week in Abuja, the Commission declared that the era of “unauthorised public filming” is over, cautioning creators to respect the privacy and dignity of Nigerians in their pursuit of online content.
Sharing Images Without Consent Is Unlawful — NDPC
According to the Commission, the act of taking photographs or video recordings of unsuspecting members of the public and sharing them on social media platforms without consent is unlawful.
NDPC explained that such actions violate the constitutional right to privacy and the right to informational self-determination guaranteed under Section 37 of the 1999 Constitution, as well as provisions of the Nigeria Data Protection Act, 2023 (NDP Act).
“The attention of the Nigeria Data Protection Commission has been drawn to the activities of individuals who take pictures and video footage of unsuspecting members of the general public and share same on social media platforms. These acts violate the rights of citizens to informational self-determination,” the Commission stated.
Lagos Roadside ‘Reality Show’ Raises Privacy Concerns
The Commission highlighted a specific case involving a content creator who reportedly positions herself along major roads in Lagos State to film unsuspecting members of the public for a so-called “reality show.”
NDPC said preliminary investigations indicate that the practice constitutes a wilful invasion of privacy, noting that the processing of individuals’ images in such circumstances requires explicit consent, unless justified under other lawful bases of data processing.
The Commission stressed that the activity serves neither a legitimate interest nor a public good, adding that the affected individuals have no reasonable expectation that their images would be captured and broadcast globally by unknown persons.
NDPC Directs Social Media Platforms to Act
In response to the growing trend, the National Commissioner and Chief Executive Officer of NDPC, Vincent Olatunji, has directed platform owners including TikTok, X, and Meta to strengthen enforcement of their community guidelines to prevent harm arising from unlawful and unfair processing of personal data.
The Commission warned that failure by platform owners to act promptly in addressing such violations could attract sanctions under the Nigeria Data Protection Act.
Creators Face Sanctions and Possible Prosecution
In the statement signed by Babatunde Bamigboye, Head of Legal, Enforcement and Regulations, NDPC emphasised that individual content creators are fully accountable for their actions and omissions.
The Commission warned that offenders may face regulatory penalties and could also be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria.
NDPC reiterated its commitment to protecting Nigerians’ personal data and urged digital creators to adopt responsible, lawful, and ethical content creation practices.
