Femi Falana, a prominent human rights lawyer and Senior Advocate of Nigeria (SAN), has filed a lawsuit seeking $5 million in damages against Meta Platforms Inc., the parent company of Facebook, for invasion of privacy. The lawsuit, filed before a Lagos High Court, is based on Nigeria’s 1999 Constitution (as amended) and the Nigeria Data Protection Act 2023.
The lawsuit stems from a misleading and false publication made on Facebook, which included a video and a caption alleging that Falana had been suffering from prostatitis for over 16 years. Falana describes the publication as not only false but also misleading, emphasizing that it portrayed him in a light that violated his constitutional right to privacy.
Falana Challenges Fabricated Allegations and Emotional Distress
In his suit, Falana argues that the false claims regarding his health, particularly about his private life, have caused irreparable damage to his personal and professional reputation. The senior advocate claims the publication has subjected him to significant emotional and psychological distress, as the video, which was widely shared, continues to circulate online.
“I find the Respondents’ publicity of my photograph and name in a false light highly offensive and emotionally disturbing,” Falana stated. “This continues to cause me anxiety, sadness, and exposure to ridicule.”
Falana further criticized Meta’s failure to verify the claims before publishing them, describing their actions as “careless, reckless, and aimed at drawing traffic to its platform for advertisement revenue.” He argues that Meta’s handling of the situation was insensitive and that the dissemination of the false video was intended to boost platform engagement at the expense of his reputation.
Falana Seeks Court Declaration and Immediate Video Removal
In his lawsuit, Falana is seeking a declaration from the court that Meta’s actions constitute an unlawful invasion of his privacy. He has also requested an order compelling the immediate removal of the video from Facebook, as well as general damages amounting to $5 million for the harm caused to his image and reputation.
Violation of the Nigeria Data Protection Act 2023
Falana’s lawyer, Olumide Babalola, highlighted that Meta’s actions violated sections of the Nigeria Data Protection Act 2023. According to Babalola, Meta failed to protect Falana’s personal data and improperly used it for purposes that caused harm to his privacy and dignity.
Falana’s Commitment to Protecting His Image
Known for his fearless advocacy and legal battles against human rights violations, Falana stated that the lawsuit aims to “rescue and protect his image from further damage.” He emphasized that the publication of false and harmful information about his health, without verification, was a clear infringement of his rights.