Renowned human rights lawyer, Femi Falana (SAN), has filed a $5 million lawsuit against Meta Platforms Inc., over an alleged privacy violation.
Falana contends that Meta unlawfully used his name, image and voice in a deceptive advertisement for a health product, falsely portraying him as suffering from prostatitis- a condition he has never had.
According to Falana, Meta allowed the misleading content to be shared under the Facebook page “AfriCare Health Centre,” which falsely claimed he had endured prostatitis for over 16 years, struggling with pain, fatigue, and urinary difficulties. He maintains that he has never had any association with the company or its platforms regarding his health and insists the video is entirely false and damaging to his reputation.
The lawsuit, filed at the Lagos State High Court on February 3, 2025, argues that this unauthorized use of his identity infringes on his fundamental right to privacy, under Section 37 of the Nigerian Constitution and the Nigeria Data Protection Act 2023.
Falana is seeking a court order for Meta to immediately remove the deceptive video, $5 million in general damages for the distress and harm to his reputation, and a declaration that Meta’s actions violated his right to privacy.
He further asserts that Meta’s negligence in verifying the claims before publication subjected him to public ridicule and embarrassment, accusing the company of prioritizing engagement and revenue over ethical responsibility. A hearing date is yet to be set by the court.
If found liable, Meta would be facing sanctions over a major case of privacy breaches for the second time in recent times. On July 19, 2024, the Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) announced that it has imposed a fine of $220 million on the Meta for unlawful practices including unauthorized transfer and sharing of personal data (including cross-border storage).
It said the penalty follows a comprehensive 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission into the practices of Meta and WhatsApp LLC from May 2021 and December 2023.
In the light of the above, the Media Foundation for West Africa (MFWA) urges Meta, without prejudice to the suit filed by Femi Falana, to review its ethical practices to ensure more robust privacy protection on its platform.
