Stop Filming Nigerians Without Consent or Face Sanctions — NDPC Warns Content Creators
— African Diaspora Magazine
Nigeria's Data Protection Commission issues a stern warning to content creators filming unsuspecting citizens in public spaces, threatening sanctions and criminal prosecution under the Nigeria Data Protection Act 2023.
Nigeria's Data Protection Commission (NDPC) has drawn a bold line in the sand — content creators who film unsuspecting members of the public and share footage on social media platforms now face sanctions and potential criminal prosecution. The warning, delivered by NDPC's Head of Legal, Enforcement and Regulations, Babatunde Bamigboye, marks a significant escalation in Africa's growing digital privacy movement and has far-reaching implications for Nigerians both at home and in the diaspora.
The Warning: What the NDPC Actually Said
Speaking in Abuja on Friday, March 13, 2026, Bamigboye raised alarm over a growing trend of individuals positioning themselves on roadsides and public spaces to record videos of passersby for online "reality shows" — all without obtaining consent from the people being filmed.
"These acts violate the rights of citizens to informational self-determination as guaranteed under Section 37 of the 1999 Constitution and the Nigeria Data Protection Act, 2023."
— Babatunde Bamigboye, Head of Legal, Enforcement and Regulations, NDPC
Bamigboye clarified that processing images or videos of individuals without their consent is unlawful unless the content creator can justify the action under other legally recognised bases for data processing. The NDPC's preliminary investigations, he said, reveal that this "wilful invasion of citizens' privacy serves neither a public nor legitimate interest."
Why This Matters: The Rise of Non-Consensual Content Creation
The warning comes against the backdrop of a booming content creation economy across Nigeria and the broader African diaspora. Platforms like TikTok, Instagram Reels, and YouTube Shorts have fuelled an explosion of street-style content — prank videos, "man-on-the-street" interviews, and so-called reality segments filmed in markets, motor parks, and busy intersections across Lagos, Abuja, Port Harcourt, and other Nigerian cities.
While many creators obtain consent, a significant number do not. Victims of non-consensual filming have reported embarrassment, harassment, and in some cases, reputational damage when clips go viral. Women, street vendors, and vulnerable populations are disproportionately affected.
According to the Nigeria Data Protection Act 2023, personal data — which includes photographs, video recordings, and biometric information — cannot be processed without a lawful basis. Consent is the most common basis, but it must be freely given, specific, informed, and unambiguous.
The Legal Framework: Nigeria Data Protection Act 2023
The Nigeria Data Protection Act (NDP Act) 2023, signed into law by President Bola Tinubu, is the country's first standalone data protection legislation. It established the NDPC as an independent regulatory body with powers to investigate complaints, conduct audits, and impose sanctions on data controllers and processors who violate citizens' privacy rights.
Key provisions relevant to content creators include:
- Section 24 — Lawful Basis for Processing: Personal data may only be processed where there is a lawful basis, including consent, contractual necessity, legal obligation, vital interests, public interest, or legitimate interest.
- Section 25 — Consent Requirements: Where consent is the basis for processing, it must be freely given, specific, informed, and unambiguous. Filming someone without their knowledge clearly fails this test.
- Section 37 — Right to Object: Data subjects have the right to object to processing of their personal data at any time.
- Section 44 — Sanctions: The NDPC can impose administrative fines, order cessation of data processing, or refer cases for criminal prosecution.
Social Media Platforms Put on Notice
In a significant move, NDPC's National Commissioner and CEO, Dr. Vincent Olatunji, has directed social media platforms — including TikTok, X (formerly Twitter), and Meta (Facebook/Instagram) — to strengthen enforcement of their community guidelines to protect users from unlawful processing of personal data.
"For the avoidance of doubt, where a platform owner fails or neglects to act in a timely manner to prevent harm, the Commission will not hesitate to impose sanctions under the NDP Act."
— Babatunde Bamigboye, NDPC
This directive effectively puts global tech companies on notice that they share responsibility for content uploaded to their platforms that violates Nigerian data protection law. It mirrors similar regulatory approaches in the European Union under GDPR and in Kenya under its Data Protection Act 2019.
Implications for the African Diaspora
For Africans living abroad, this development carries multiple layers of significance:
1. Protecting Family Back Home: Many diaspora Nigerians have expressed concern about relatives and friends being filmed without consent in viral content. The NDPC's stance provides a legal avenue for recourse.
2. Diaspora Content Creators Take Note: Nigerian content creators based in the UK, US, Canada, and across Europe who create content featuring people in Nigeria during visits must also comply with the NDP Act. The law applies to the processing of personal data of individuals in Nigeria, regardless of where the data controller is located.
3. Setting a Continental Precedent: Nigeria's assertive stance could inspire similar regulatory actions across the continent. South Africa's POPIA, Kenya's Data Protection Act, and Ghana's Data Protection Act already provide frameworks, but enforcement has been limited. Nigeria's NDPC is signalling that Africa is serious about digital privacy.
The Broader Context: AI, Deepfakes, and Digital Exploitation
The NDPC's warning comes just days after Nigeria joined 60+ global regulators in backing international standards to combat AI-generated deepfakes and privacy violations. This broader move signals that Nigeria is positioning itself as a leader in digital rights protection on the African continent.
The convergence of non-consensual filming, AI-powered facial recognition, and deepfake technology creates a particularly dangerous cocktail. A video filmed without consent on a Lagos street could be manipulated using AI tools, creating fabricated scenarios that could destroy reputations and livelihoods.
What Content Creators Should Do Now
For content creators operating in Nigeria or creating content featuring Nigerians, the path forward is clear:
- Always obtain explicit consent before filming individuals, especially in public spaces
- Use consent forms or verbal recorded consent for any person who will be identifiable in your content
- Blur faces of bystanders who have not consented to being filmed
- Register as a data controller with the NDPC if you regularly process personal data through content creation
- Review and comply with the Nigeria Data Protection Act 2023 and the General Application and Implementation Directive (GAID) 2025
- Respect the right to object — if someone asks not to be filmed, stop immediately and delete their footage
The Road Ahead
The NDPC's warning represents more than a regulatory pronouncement — it's a cultural shift. For too long, the lines between public space and private life have been blurred by the relentless demands of content creation. Nigeria is asserting that every citizen has a fundamental right to walk down the street without becoming involuntary content for someone else's social media empire.
As Dr. Olatunji and his team at the NDPC continue to strengthen enforcement mechanisms, content creators, social media platforms, and the broader digital ecosystem must adapt. The message is unambiguous: respect Nigerian citizens' privacy, or face the consequences.
Sources: The Guardian Nigeria, Nigeria Data Protection Commission (NDPC), Nigeria Data Protection Act 2023, Punch Nigeria. This article is for informational purposes and does not constitute legal advice.
Stop Filming Nigerians Without Consent or Face Sanctions — NDPC Warns Content Creators