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, accusing it of unlawfully using his identity in a misleading health advertisement.
Allegations Against Meta
The lawsuit, filed at the Lagos High Court, claims that Meta falsely associated Falana with a fabricated health endorsement, violating his right to privacy under Section 37 of the Nigerian Constitution and the Nigeria Data Protection Act 2023.
According to Falana, Meta published a video under the name “AfriCare Health Center”, falsely stating that he had suffered from prostatitis for over 16 years. The video, widely circulated on Facebook, allegedly featured his name, image, and a fake voice, creating the impression that he endorsed the claims.
Through his lawyer, Olumide Babalola, Falana is seeking a court declaration that Meta’s actions constitute an invasion of privacy. He is also requesting an order directing Meta to remove the misleading video immediately.
Legal Grounds for the Lawsuit
Filed under the Fundamental Rights Enforcement Procedure Rules, 2009, Falana’s case is based on the following key arguments:
- He has never suffered from prostatitis, contrary to the claims in the video.
- The misleading publication has caused emotional distress and tarnished his reputation.
- Meta’s failure to verify the authenticity of the content before publishing demonstrates recklessness and negligence, allowing millions of people to view the false claims.
Falana strongly denied the video’s content, which falsely attributed the following statement to him:
“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, no one could offer me effective treatment. I was prescribed numerous medications, physical therapy, even surgery, but these methods only provided temporary relief.”
Falana insists he never made such statements and has no affiliation with AfriCare Health Center. He accused Meta of publishing false and defamatory content to boost traffic and increase advertisement revenue at his expense.
Seeking Compensation and Accountability
Beyond seeking $5 million in damages, Falana is urging the court to bar Meta from publishing false or misleading content about him—or any individual—without proper verification.
He expressed frustration over Meta’s failure to fact-check the claims, describing the situation as an offensive, reckless, and unjustified intrusion into his privacy.
“I do not find these stories libelous, but since they are false and fabricated against me, I find them offensive, reckless, insensitive, disturbing, and an unjustifiable intrusion into my privacy by painting me in a false light.”
Falana further argued that the viral nature of the video had subjected him to public ridicule, emotional distress, and unnecessary scrutiny, emphasizing that his health should not be exploited for commercial gain.
“For weeks, this false publication has remained online, exposing me to ridicule and emotional distress. Meta’s careless and reckless use of my name and image shows a lack of accountability. The company must be held responsible for violating my right to privacy.”
As the case progresses, it is expected to test the enforcement of Nigeria’s digital privacy laws and set a precedent for online platforms’ accountability in content moderation.
