Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), 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 was instituted before a Lagos High Court, challenging the alleged unauthorized use of his name, image, and voice in a misleading publication. Falana claims that Meta published a motion image and voice captioned “AfriCare Health Center” on its platform, implying that he was suffering from a medical condition known as “Prostatitis.” …CONTINUE READING
The legal action, filed by Falana’s lawyer, Olumide Babalola, is based on Section 37 of the 1999 Constitution (as amended) and Sections 24(1)(A) and (E) & 34(1)(D) of the Nigeria Data Protection Act 2023.
It also references the Fundamental Rights Enforcement Procedure Rules, 2009. Falana argues that the publication is false, misleading, and damaging to his reputation. He asserts that the unauthorized use of his personal details violates his constitutional right to privacy and breaches data protection laws in Nigeria.
According to Falana, the video, which was allegedly published on Meta’s platform www.facebook.com, falsely suggested that he was battling a medical condition, causing embarrassment and potential reputational harm. He maintains that this amounts to a violation of Section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023, which safeguards personal data against misuse. The senior lawyer contends that Meta failed in its duty to verify the accuracy of the information before disseminating it to the public.
In his court filing, Falana is seeking a declaration that Meta’s continued publication of his name, images, and voice in connection with the “AfriCare Health Center” video constitutes a breach of his privacy rights as enshrined in Section 37 of the Nigerian Constitution. He argues that this unlawful act has caused him distress and damage to his professional reputation. The lawsuit underscores the growing concern over data privacy and the accountability of global technology companies operating in Nigeria.
The case highlights broader concerns regarding online misinformation and the responsibilities of tech platforms in managing user data. As digital content spreads rapidly, individuals, including public figures, are increasingly exposed to privacy violations. Falana’s suit could set a precedent for data protection enforcement in Nigeria, emphasizing the legal consequences for corporations that fail to safeguard personal information.
Legal experts believe this case could test the strength of Nigeria’s Data Protection Act 2023, which was enacted to regulate the use of personal data by organizations. If successful, the lawsuit could compel Meta and other tech companies to implement stricter policies in handling user-generated content, ensuring compliance with privacy laws in Nigeria. It may also lead to discussions on the need for stronger local regulatory frameworks to hold international digital platforms accountable for data breaches affecting Nigerian citizens.
As the case progresses, it is expected to draw significant public interest, given Falana’s reputation as a vocal advocate for human rights and justice. The outcome could shape future legal battles involving privacy rights, misinformation, and digital accountability in Nigeria. Meta is yet to officially respond to the lawsuit, and it remains to be seen how the tech giant will defend itself against these allegations in court.
To this end, the reputable lawyer was praying the court for a declaration that the “Respondents continued publication of the Applicants name, still and motion images and purported voice on a page and video captioned “AfriCare Health Centre on their platform – www.facebook.com to the effect that the Applicant suffered from a disease known as ‘Prostatitis constitutes an invasion of the Applicants privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.”
