Lagos, Nigeria – Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has filed a $5 million lawsuit against Meta Platforms Inc., the parent company of Facebook, over an alleged invasion of his privacy. The suit, filed before a Lagos High Court, accuses the U.S.-based organization of publishing false and misleading content about his health on its platform.
In the originating motion, filed pursuant to Section 37 of the 1999 Constitution (as amended) and sections 24(1)(A), (E), and 34(1)(D) of the Nigeria Data Protection Act 2023, Falana alleged that Meta Platforms Inc. published a video on its platform, www.facebook.com, under the page “AfriCare Health Centre.” The video falsely suggested that he suffers from a disease known as ‘Prostatitis,’ which he claims is a violation of his right to privacy.
Details of the Allegations
Falana, represented by his lawyer, Olumide Babalola, stated that the video, which features his name, image, and a purported voice recording, falsely claims that he has been battling prostatitis for over 16 years. The video allegedly includes a statement attributed to Falana, detailing his struggles with the condition, including pain, discomfort, and unsuccessful treatments.
The human rights lawyer vehemently denied the claims, asserting that he has never suffered from prostatitis or any related condition. He described the publication as “false, inaccurate, misleading, and unfair,” arguing that it violates his right to privacy as guaranteed by Section 37 of the Nigerian Constitution and the Nigeria Data Protection Act 2023.
Reliefs Sought
Falana is seeking several reliefs from the court, including:
- A declaration that the publication of his name, image, and purported voice on the Facebook page “AfriCare Health Centre” constitutes an invasion of his privacy.
- An order mandating Meta Platforms Inc. to remove, erase, and delete the video from its platform.
- General damages in the sum of $5,000,000 (Five Million US Dollars) for the emotional and psychological distress caused by the publication.
- Any other consequential orders the court deems fit to grant.
Impact on Falana’s Reputation
In the affidavit supporting the motion, Falana emphasized that the false publication has tarnished his reputation and caused him significant emotional distress. He noted that the video, which has been accessible to millions of users worldwide since its publication in January 2023, paints him in a false light and unjustifiably intrudes into his private life.
“I have never had any dealings with the Respondent or its pages regarding my health. The video and its contents are false, inaccurate, misleading, and unfair to me. It paints me in a false light and constitutes an invasion of my privacy,” Falana stated.
He further argued that Meta Platforms Inc. failed to verify the authenticity of the video before publishing it, suggesting that the company acted carelessly and recklessly to boost traffic and advertisement revenues on its platform.
Falana’s Stellar Legal Career
Falana, a prominent figure in Nigeria’s legal community, is known for his fearless advocacy in defending human rights, challenging governmental overreach, and representing marginalized groups. His legal practice spans constitutional law, civil rights, public interest litigation, and international human rights law.
The false publication, he argued, not only undermines his reputation but also exposes him to ridicule and emotional distress. “The Respondent’s publicity of my photograph and name in a false light is highly offensive and emotionally disturbing. It continues to cause me anxiety, sadness, and exposure to ridicule,” he stated.
Call for Judicial Intervention
Falana has appealed to the court to intervene and protect his image from further damage. He emphasized the need for accountability from global platforms like Facebook, which have the power to reach millions of users worldwide.
The case highlights the growing concerns over privacy violations and the spread of misinformation on social media platforms. It also underscores the importance of verifying content before publication, particularly when it involves sensitive personal information.
Next Steps
The Lagos High Court is expected to hear the case in the coming weeks. If successful, the lawsuit could set a precedent for holding social media platforms accountable for privacy violations and the dissemination of false information.
The Bureau Newspaper will continue to monitor developments in this case and provide updates as the story unfolds.
Download the court document below: