Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has instituted a $5 million lawsuit against Meta Platforms Inc., alleging a violation of his fundamental right to privacy. The suit, filed before a Lagos High Court, challenges the unauthorized use of his name, image, and purported voice in a misleading health-related advertisement on Facebook.
Falana, represented by his lawyer, Olumide Babalola, contends that the video, which appeared on a page titled AfriCare Health Centre, falsely claims that he has been battling prostatitis for over 16 years. He argues that this publication constitutes an unlawful invasion of privacy under Section 37 of the 1999 Constitution (as amended) and Sections 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.
KEY LEGAL ISSUES CONTAINED IN THE SUIT
1. Violation of Right to Privacy:
Falana asserts that his right to privacy, guaranteed under Section 37 of the Nigerian Constitution, has been infringed upon by Meta’s platform. The publication of false and sensitive health-related information, he argues, constitutes an unjustifiable intrusion into his private life.
2. Data Protection Breach:
The lawsuit also extends to the Nigeria Data Protection Act 2023, which imposes obligations on data controllers, including social media platforms, to handle personal data lawfully. Falana contends that Meta failed to ensure the accuracy of the information published, and unlawfully processed his personal data without consent.
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Emotional and Reputational Damage:
The suit highlights the false light doctrine, a recognized privacy violation where an individual is publicly portrayed in a misleading manner. Falana claims the publication has subjected him to emotional distress, anxiety, and reputational harm, given his long-standing career in public advocacy and human rights law.
RELIEFS SOUGHT IN THE SUIT
Following the highlighting of the key issues in the suit, Falana seeks:
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A declaration that the continued publication of his name, image, and purported voice in the misleading video violates his constitutional and statutory rights.
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An order directing Meta to immediately remove, erase, and delete the video from its platform.
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General damages of $5 million for the psychological and reputational harm suffered as a result of the publication.
FALANA’S CLAIMS AGAINST META
In his supporting affidavit, Falana emphasizes his distinguished career in defending civil liberties and constitutional rights. He expresses concern that Meta, a global tech company, has allowed its platform to be used for the dissemination of false and damaging information about his health. He further asserts that:
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He has never suffered from prostatitis, nor has he made any public statement regarding such a condition.
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The publication was recklessly disseminated without verification, exposing him to public ridicule.
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The video has been viewed by millions worldwide, amplifying the damage to his reputation.
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Meta’s failure to prevent the spread of false information demonstrates negligence, particularly given its role as a global data controller.
IMPLICATIONS OF THE SITUATION FOR DIGITAL PRIVACY AND DEFAMATION
This case underscores the growing legal concerns around data privacy, misinformation, and the responsibilities of digital platforms. If successful, this suit could reinforce the enforcement of Nigeria’s data protection laws and set a precedent for holding social media companies accountable for unauthorized and harmful content published on their platforms.
Lastly, while Meta is yet to respond to the suit, this case raises important questions about corporate accountability in safeguarding individuals’ privacy and the limits of free expression in the digital age.
