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 invasion of privacy and the unauthorized use of his name and image in a misleading health-related video.
The lawsuit, filed before a Lagos High Court, invokes Section 37 of the 1999 Constitution (as amended), Sections 24(1)(A) and (E) & 34(1)(D) of the Nigeria Data Protection Act 2023, arguing that Meta’s actions violated his fundamental right to privacy.
False Health Claims Spark Legal Battle
Falana’s legal action stems from a video published on Facebook under the page “AfriCare Health Centre,” which falsely claims that he has been battling prostatitis for over 16 years. In the video, a fabricated voice recording allegedly attributes statements to Falana, detailing struggles with pain, fatigue, and failed medical treatments.
Describing the video as “false, inaccurate, misleading, and unfair,” Falana asserts that it tarnishes his reputation and causes emotional distress. He contends that his private health information has been misrepresented and that the publication paints him in a false light, violating his constitutional right to privacy.
Demands for Damages and Removal of Content
Falana’s lawsuit seeks:
A court declaration that Meta’s continued publication of his name, images, and voice in the misleading video constitutes a violation of his privacy rights.
An order directing Meta to immediately remove and erase the video from its platform.
$5 million in general damages for the reputational harm and emotional distress caused by the false publication.
“A Reckless Invasion of Privacy”
In his affidavit, Falana emphasized that he has never suffered from prostatitis and has no association with Meta or the AfriCare Health Centre page. He argued that Meta failed to verify the accuracy of the claims before publishing the misleading content, accusing the company of reckless and insensitive conduct aimed at generating traffic and advertising revenue.
“By publishing false health information about me, the Respondent has carelessly and recklessly subjected me to unwarranted public scrutiny and ridicule,” Falana stated in his suit.
He further highlighted his long-standing reputation as a fearless advocate for human rights and justice, arguing that the false claims threaten to undermine the integrity he has built over the years.
Global Implications of the Case
Falana also pointed out that Meta operates on a global scale, meaning that millions of people worldwide have seen the false claims about his health. He emphasized that while he does not view the video as defamatory, he considers it a severe and unjustified intrusion into his private life.
With the video still accessible online, Falana is urging the court to intervene and protect his constitutional right to privacy, ensuring that Meta is held accountable for the alleged misuse of his identity.
