Justice Olalekan Oresanya of the Lagos State High Court sitting in Ikeja on Tuesday ordered Meta Platforms Inc., the parent company of the social network platform Facebook, to pay human rights Lawyer, Femi Falana (SAN) $25,000 for the invasion of his privacy by the company.
Justice Oresanya held that a global tech firm like Meta, which hosts pages for commercial purposes, has a duty of care toward individuals impacted by content on its platform.
Falana had dragged the United States of America-based organisation before the court over the publication of a false video about his health status, which he claimed damaged his image and the name he built over the years.
In the originating motion, which is based on Section 37 of the 1999 Constitution (as amended) and Section 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, as well as the Fundamental Rights Enforcement Procedure Rules of 2009, Falana’s lawyer, Olumide Babalola, accused the organisation of publishing motion images and voice on their website, falsely claiming that Falana had suffered from a disease known as ‘Prostatitis’.
He argued that this was an invasion of his privacy under Section 37 of Nigeria’s Constitution.
Falana also stated that the video on www.facebook.com was false, misleading, and unfair, breaching Sections 24(1)(A) and (E) of the Nigeria Data Protection Act 2023.
He asked the court to order the respondents to delete the video titled ‘AfriCare Health Centre’ from Facebook.
Considering the damage caused, Falana sought $5 million in general damages and any other reliefs the court might grant.
In his judgement, Justice Oresanya dismissed META’s arguments that it is only a “hosting’ or “intermediary’ platform, mainly because it monetises content and harm from misinformation is reasonably predictable.
He clarified that being a public figure does not remove Falana’s right to privacy, and the dissemination of false medical information intrudes into his private life.
The court also found that Meta controls how content is processed, monetises pages, and manages distribution algorithms, acting as a joint data controller with page owners.
Meta was held vicariously liable for the offensive video and breached Section 24 of the NDPA by processing inaccurate, harmful personal data without a lawful basis.
The court stressed that platforms handling sensitive personal data must take extra care to ensure accuracy and protect privacy.
Justice Oresanya maintained that as a global tech giant, Meta should have effective review, quick takedowns, and safeguards against misinformation, adding that its failure to do so was a regulatory breach.
In an affidavit filed in support of the suit, Falana had averred that he was well-known for his legal battles, often challenging government policies and actions that infringe upon citizens’ rights, with his practice encompassing a wide range of areas, including constitutional law, civil rights, public interest litigation, and international human rights law.
He noted that the respondents operate a global social media platform known as www.facebook.com. On January 16, 2025, he discovered a video featuring him that had been posted on the respondents’ platform under the page “AfriCare Health Centre,” which he submitted as an exhibit in the suit.
In the video that carries his name and image, he is purported to have said: “My name is Femi Falana, and I have been battling prostatitis for over 16 years. At the age of 50, I was diagnosed with this condition. Every day, I faced pain, discomfort, and constant fatigue. I had trouble urinating, lower back pain, and other symptoms that made it difficult to live a full life. Despite consulting the best urologists in the country, no one could offer me effective treatment. I was prescribed numerous medications, physical therapy, and even surgery, but these methods only temporarily alleviated the symptoms.”
He lamented the wrongful publication, stating that it had dramatically prejudiced him, as his health is part of his private life, and he has never suffered from any such condition.
