Justice Olalekan Oresanya of the Lagos State High Court sitting in Ikeja on Tuesday ordered Meta Platforms Inc., the parent company of Facebook, to pay 25,000 dollars in damages to human rights lawyer Femi Falana, SAN, for invading his privacy.
The court held that a global technology company such as Meta, which hosts and monetises content for commercial purposes, owes a duty of care to individuals affected by material published on its platform.
Falana had sued the United States based company over the publication of a video on Facebook that falsely claimed he was suffering from a medical condition. He argued that the video damaged his reputation and invaded his private life.
The suit was brought under Section 37 of the 1999 Constitution as amended, Sections 24(1)(A) and (E) and 34(1)(D) of the Nigeria Data Protection Act 2023, and the Fundamental Rights Enforcement Procedure Rules 2009. Falana’s lawyer, Olumide Babalola, told the court that Meta published motion images and voice recordings falsely attributing statements to Falana about suffering from prostatitis.
The claimant argued that the publication amounted to a violation of his constitutional right to privacy and breached data protection laws by processing inaccurate and misleading personal information. Falana also asked the court to compel Meta to remove the video titled AfriCare Health Centre from Facebook.
Although Falana sought five million dollars in general damages, the court awarded 25,000 dollars, citing the nature of the breach and the responsibility of the platform.
In his judgment, Justice Oresanya rejected Meta’s argument that it was merely a hosting or intermediary platform. The court ruled that because Meta monetises content and controls how it is distributed, the harm caused by misinformation on its platform is reasonably foreseeable.
The judge further held that Falana’s status as a public figure does not extinguish his right to privacy, especially regarding sensitive medical information. He ruled that the publication of false health details constituted an unlawful intrusion into Falana’s private life.
The court found that Meta exercises control over content processing, page monetisation, and distribution algorithms, effectively acting as a joint data controller with page administrators. As a result, Meta was held vicariously liable for the publication of the offensive video.
Justice Oresanya also ruled that Meta breached Section 24 of the Nigeria Data Protection Act by processing inaccurate and harmful personal data without a lawful basis. He emphasised that platforms handling sensitive personal data must exercise heightened caution to ensure accuracy and protect individual privacy.
The judge stressed that as a global technology company, Meta is expected to have effective content review mechanisms, prompt takedown procedures, and safeguards against misinformation. Its failure to implement these measures, he said, amounted to a regulatory breach.
In an affidavit supporting the suit, Falana stated that he is widely known for his legal advocacy, particularly in challenging government policies that infringe on citizens’ rights. He noted that his legal practice spans constitutional law, civil rights, public interest litigation, and international human rights law.
Falana said he discovered the video on January 16, 2025, on Facebook under a page named AfriCare Health Centre. The video, which carried his name and image, falsely portrayed him as recounting a long battle with prostatitis, a claim he strongly denied.
He told the court that the publication caused serious prejudice to his reputation and dignity, stressing that his health status is a private matter and that he has never suffered from the condition described in the video.
