NDPC warns content creators over filming Nigerians without consent

Nigeria’s data protection regulator has warned social media content creators against filming and posting images or videos of unsuspecting members of the public, saying such actions could violate citizens’ privacy rights and attract sanctions or criminal prosecution.

The Nigeria Data Protection Commission said it had observed a growing trend in which individuals record members of the public without their knowledge and post the footage online as entertainment content.

In a statement on Friday, the Commission said the practice breaches citizens’ right to privacy and informational self-determination guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act.

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The regulator cited a recent case involving a content creator who stands on roadsides in Lagos to film unsuspecting people as part of a reality show shared on social media platforms.

According to the Commission, such actions raise serious concerns about the misuse of personal data for online entertainment.

“Processing the images of people in this circumstance requires consent unless the creator can justify the action under other lawful bases of data processing,” the Commission said.

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

The Commission noted that people captured in such videos have no expectation that their images would be recorded and shared with a global audience by individuals they do not know.

Vincent Olatunji, the national commissioner and chief executive officer of the Commission, has directed major social media platforms to tighten enforcement of their community rules to prevent harm arising from unlawful data processing.

Platforms mentioned by the regulator include TikTok, X and Meta Platforms.

The Commission warned that if platform owners fail to act promptly when such violations are reported, they could face sanctions under Nigeria’s data protection law.

It also said individual creators could be held directly accountable for their 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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The warning comes as short-form video platforms continue to drive a surge in street-style content across Nigerian cities, where creators often film strangers to generate viral online engagement.

Regulators say that while social media has opened new economic opportunities for creators, it must not come at the expense of citizens’ fundamental rights to privacy.