Emmanuel Ochayi
Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has taken legal action against Meta Platforms Inc., the parent company of Facebook. Falana is demanding $5 million in damages, alleging that the company invaded his privacy by allowing the publication of a misleading video on its platform.
The lawsuit, filed at the Lagos High Court, was brought under the 1999 Nigerian Constitution (as amended) and the Nigeria Data Protection Act 2023. Falana argues that the video, which falsely claims he has suffered from prostatitis for over 16 years, has tarnished his reputation and caused him significant emotional distress.
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Falana alleges that Meta published a video titled “AfriCare Health Centre”, which falsely depicted him as someone struggling with a long-term health condition. He described the publication as “false, misleading, and unfair,” stressing that it had violated his right to privacy.
“The video portrays me in a false light, and the allegations in it are entirely fabricated. This is a violation of my constitutional right to privacy,” he said.
According to Falana, the content has been widely circulated and has remained online for weeks, exposing him to public ridicule.
Meta Accused of Negligence
Falana further accused Meta of carelessness, stating that the platform failed to verify the claims before publishing the video. He argued that the company’s actions were reckless and aimed at driving traffic to increase advertising revenue.
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He stated, “By the video, the Respondent’s page has given me publicity that paints me in a false light, and the insinuations in the video infringe on my right to privacy, my right to be left alone.”
“At the time of deposing to this affidavit, the video has been published to the entire world on the Internet, and it has remained there for several weeks.”
He emphasized that the false information has affected the reputation he has built over decades as a legal advocate.
Seeking Justice and Compensation
As part of his legal demands, Falana is seeking a court order for the immediate removal of the video from Facebook. He is also asking for $5 million in damages to compensate for the harm caused by the publication.
“For their failure to verify the page and video before publishing, I believe the Respondent’s publicity of my name and image in a false light was done carelessly and recklessly to draw traffic to the Respondent’s platform to boost its advertisement revenues,” he stated.
He added, “I believe that the Respondent’s use of my name and image in the video is unfair and insensitive to my feelings since they never verified the claims as expected.”
Emotional and Psychological Impact
Falana revealed that the video has caused him anxiety, sadness, and exposure to ridicule, affecting his personal and professional life.
“I find the Respondent’s publicity of my photograph and name in a false light highly offensive and emotionally disturbing. This continues to cause me anxiety, sadness, and exposure to ridicule,” he lamented.
Violation of Nigeria’s Data Protection Laws
Falana’s lawyer, Olumide Babalola, highlighted that Meta’s actions breached sections of the Nigeria Data Protection Act 2023, which mandates companies to protect personal data from misuse.
According to Babalola, Meta failed in its responsibility to verify the accuracy of the video before allowing it to spread on its platform.
A Fight to Protect His Reputation
Falana, known for his fearless advocacy against human rights violations, stated that he initiated the legal action to prevent further damage to his image.
“This lawsuit is not just about me; it is about setting a precedent. People’s privacy should not be violated in this manner, and platforms like Facebook should be held accountable,” he said.
Awaiting the Court’s Decision
The case is now before the Lagos High Court, where Falana hopes to obtain justice against Meta. The outcome of this legal battle could have significant implications for data protection and privacy rights in Nigeria.
