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MTN Nigeria Communications Limited to pay N15 million in general damages for violating a customer’s privacy

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Court of Appeal in Abuja has ordered MTN Nigeria Communications Limited to pay N15 million in general damages for violating a customer’s privacy through unsolicited messages and callertunes.

A three-member panel ruled unanimously on Friday that MTN's actions infringed on the privacy rights of Ezugwu Anene, a public interest lawyer, disrupting his quiet enjoyment of airtime he had purchased. The lead judgment, delivered by Justice Okon Abang, emphasized that telecommunications providers must respect customer choices and refrain from imposing unwanted services.


The court held that MTN’s persistent sending of unsolicited messages and the imposition of callertunes, despite the activation of the Do Not Disturb (DND) option by the claimant, breached the subscriber’s privacy under Section 37 of the Nigerian Constitution and Regulation 28 of the Consumer Code of Practice Regulations.
 
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