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 violation of his privacy.
Falana’s legal action, filed before the Lagos High Court, accuses Meta of publishing false and misleading content on its platform, falsely claiming that he suffers from prostatitis, a condition he insists he has never had. The lawsuit seeks damages for the reputational harm, emotional distress, and psychological suffering caused by the unauthorized use of his name, image, and voice in a deceptive advertisement.
In the lawsuit, filed through his legal representative, Olumide Babalola, Falana argues that the unauthorized publication violates:
Section 37 of the 1999 Constitution (as amended), which guarantees the right to privacy.
Sections 24(1)(A) and (E) & 34(1)(D) of the Nigeria Data Protection Act 2023, which protect individuals from unauthorized data usage.
The Fundamental Rights Enforcement Procedure Rules, 2009, under which he is seeking enforcement of his privacy rights.
According to the motion, the offending content, published under the name “AfriCare Health Centre” on Facebook, falsely portrays Falana as someone battling prostatitis for over 16 years. The video allegedly features an impersonated voice of Falana stating that he had been diagnosed at age 50 and had suffered from pain, discomfort, and fatigue, despite undergoing multiple treatments, including medications, physical therapy, and surgery.
Falana insists the claims are entirely fabricated and amount to an intrusion into his private life, arguing that Meta’s failure to verify the accuracy of the publication before allowing it on its platform demonstrates reckless disregard for his fundamental rights.
The fiery human rights lawyer has outlined the following demands in his court filing:
1. A declaration that Meta’s continued publication of his name, image, and purported voice on Facebook constitutes an invasion of his privacy under the law.
2. An order compelling Meta to immediately remove and erase the misleading video from Facebook.
3. A $5 million compensation for the damage caused to his reputation, mental well-being, and professional standing.
4. Any additional relief that the court deems appropriate in the circumstances.
In a sworn affidavit supporting his case, Falana describes the publication as “offensive, reckless, insensitive, and unjustifiable.”
“I have never had any dealings with Meta or its platforms regarding my health,” he states. “The video and its contents are false, misleading, and paint me in a false light. It is an unwarranted intrusion into my privacy.”
Falana argues that the video has been accessible to millions of people worldwide since its publication in January 2023, subjecting him to public ridicule, emotional distress, and reputational damage.
He further contends that Meta, as a global social media giant, prioritizes engagement and advertising revenue over responsible content moderation, allowing false and defamatory content to spread unchecked.
“For their failure to verify the page and video before publishing, I believe Meta acted carelessly and recklessly, using my name and image to boost engagement and ad revenue at my expense,” Falana states.
Falana’s Fight for Privacy and Justice
Known for his fearless advocacy, Falana has built a reputation as one of Nigeria’s most vocal defenders of human rights, civil liberties, and constitutional law. His legal battles often challenge government overreach and corporate irresponsibility.
This latest lawsuit is not just about personal redress but could also set a precedent for holding social media platforms accountable for privacy violations and misleading advertisements.
With the case now before the Lagos High Court, all eyes will be on the judiciary to determine whether a tech giant like Meta can be held responsible for the misuse of an individual’s personal data on its platform.
PIONEER NEWS 