Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has filed a $5 million lawsuit against Meta Platforms Inc., the parent company of Facebook, accusing the tech giant of invading his privacy by publishing false claims about his health. The lawsuit was filed before a Lagos High Court.
Falana, represented by his lawyer Olumide Babalola, brought the case under Section 37 of the 1999 Constitution (as amended), Sections 24(1)(A) and (E), and Section 34(1)(D) of the Nigeria Data Protection Act 2023. He alleges that Meta published a video and motion images on Facebook under the page "AfriCare Health Centre," falsely claiming that he has been battling prostatitis for over 16 years.
Falana claimed the publication violated his right to privacy and was a breach of Nigeria’s Data Protection Act. "The video and its contents are false, inaccurate, misleading, and unfair to me," Falana said, adding, "The video paints me in a false light and as such is an invasion of my privacy."
The human rights lawyer also noted the fabricated claims in the video, 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 in the country, no one could offer me effective treatment. I was prescribed numerous medications, physical therapy, even surgery, but the problem was that these methods only temporarily relieved the symptoms."
Falana strongly refuted the claims, asserting, "I have never suffered any disease known as prostatitis in my life. My health life is part of my private life, and the publication is entirely false, offensive, and fabricated." He added that he has had no dealings with Meta or the "AfriCare Health Centre" page.
The legal practitioner lamented the impact of the publication on his reputation, stating, "I have been greatly prejudiced by the video. It has painted me in a false light, exposed me to ridicule, and caused me emotional and psychological distress." He also emphasized that the video had been viewed by millions worldwide since its publication, amplifying the damage.
Falana further accused Meta of negligence, stating, "For their failure to verify the page and video before publishing, I believe the Respondent’s publicity of my name and image in a false light was done carelessly and recklessly to draw traffic to the Respondent’s platform to boost its advertisement revenues."
He described the video as "reckless, insensitive, disturbing, and an unjustifiable intrusion into my privacy," adding, "I find the Respondent’s use of my name and image highly offensive and emotionally disturbing. This continues to cause me anxiety, sadness, and exposure to ridicule."
In addition to the $5 million in damages, Falana is seeking a court order mandating Meta to delete the video and cease further publication of the false claims. He urged the court to rescue his image from being ruined, stating, "This suit is necessary to protect my reputation and fundamental right to privacy."
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