The Nigeria Data Protection Commission (NDPC) has issued a stern warning to content creators and social media influencers against the unauthorized filming and sharing of footage featuring unsuspecting members of the public, reports ITREALMS.
This right, NDPC said, is protected under Section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act (NDP Act), 2023.
ITREALMS recalls that NDPC’s intervention follows a specific case involving a Lagos-based content creator who produces "reality show" style videos by filming commuters and pedestrians at roadsides without their permission.
The Commission’s preliminary investigation revealed that these actions serve neither a public nor a legitimate interest.
Under the NDP Act, processing personal data including a person’s likeness, requires a lawful basis, most commonly explicit consent.
The NDPC emphasized that individuals going about their daily lives have no expectation that their images will be captured and broadcast to a global audience by strangers.
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ITREALMS recalls that NDPC’s intervention follows a specific case involving a Lagos-based content creator who produces "reality show" style videos by filming commuters and pedestrians at roadsides without their permission.
The Commission’s preliminary investigation revealed that these actions serve neither a public nor a legitimate interest.
Under the NDP Act, processing personal data including a person’s likeness, requires a lawful basis, most commonly explicit consent.
The NDPC emphasized that individuals going about their daily lives have no expectation that their images will be captured and broadcast to a global audience by strangers.
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Platform owners are now required to tighten enforcement by stepping up the application of community guidelines to prevent the unlawful and unfair processing of personal data; Prevent harm by proactively removing content that violates the privacy rights of Nigerian data subjects.
The Commission warned that it will not hesitate to impose heavy sanctions on platform owners who fail or neglect to address these harms timeously.
Furthermore, the NDPC clarified that individual content creators remain personally accountable for their actions. Those found willfully invading the privacy of citizens may face criminal prosecution under the provisions of the NDP Act.
Babatunde Bamigboye, Esq., Head of Legal, Enforcement, and Regulations at the NDPC, urged the public to remain vigilant of their rights and called on creators to balance entertainment with ethical and legal standards of privacy.
Remmy Nweke/DoP
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