NDPC warns content creators against filming Nigerians without consent

The Nigerian Data Protection Commission (NDPC) has warned content creators against filming and posting pictures or videos of unsuspecting Nigerians on social media platforms. 

According to a public notice from the Commission, released on Friday, the warning comes amid viral action by content creators who record people with their consent. This action, according to NDPC, violates citizens’ right to privacy and attracts sanctions or criminal prosecution.

“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),” part of the statement reads. 

The directive comes in light of ongoing concerns about the abusive actions of some content creators who exploit people’s privacy, film without consent, and use such footage for promotional content or online entertainment.

The NDPC cited a recent incident where a content creator stood on the roadsides of Lagos to film unsuspecting people as part of a reality show shared on social media platforms. 

The Commission noted that “processing images of people, in this circumstance, requires consent unless the creator can justify her actions under other lawful bases of data processing.”

NDPC added that preliminary investigations showed the practice amounts to a deliberate invasion of privacy and does not serve a public or legitimate interest. 

While providing further explanation on how the content breached privacy, the Commission noted that people captured in videos have no expectation that their images would be recorded and shared with a global audience, which was done by an individual they do not know.

Also Read: Nigerian content creator Olawale shines on TikTok’s 50 most influential list.

Tightening community rules on content creators 

With the spread of social media and a surge in internet subscribers comes the production of short-form videos on social media platforms such as Instagram, Facebook, X and TikTok. 

And recently, the use of street style images and videos has become the order of the day, revealing the rise in the number of content creators and their drive for views and engagement on social media platforms.

Recall that the Lagos State University (LASU), in January, introduced regulations for the activities of content creators across the campuses. The action follows the “street-style” bandit prank that caused pandemonium among students on campus.

Now, the NDPC is taking a vital step to curb all forms of privacy breach practices. 

As such, the Commission has directed TikTok, X and Meta Platforms to tighten enforcement of their community rules to prevent harm arising from unlawful data processing. It also warned that platforms that fail to act promptly could face sanctions under Nigeria’s data protection law.

Under the strict directive, NDPC said content creators could be held directly accountable for their actions, which could involve legal actions. 

“Content creators may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria,” the commission said. 

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