In a bold move to hold tech giants accountable for their actions, renowned human rights lawyer Femi Falana has filed a lawsuit against Meta, the parent company of Facebook, Instagram, and WhatsApp, founded by Mark Zuckerberg. Falana is seeking $5 million in damages, alleging that Meta’s platforms have been complicit in the invasion of his privacy, highlighting the urgent need for greater transparency and accountability in the digital age. This landmark lawsuit serves as a wake-up call for tech companies to respect users’ rights and dignity and to prioritize their safety and well-being above profits.

Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana has decisively filed a $5,000,000 (five million US dollars) lawsuit against Meta Platforms Inc., the U.S.-based technology giant owned by Mark Zuckerberg. This legal action, initiated in a Lagos High Court, firmly claims an invasion of his privacy.

In the motion filed under Section 37 of the 1999 Constitution (as amended) and sections 24(1)(A) and (E) & Section 34(1)(D) of the Nigeria Data Protection Act 2023, along with Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules, 2009, the human rights lawyer Olumide Babalola, representing the plaintiff, accused the organization of publishing motion images and audio captions on their website labelled “AfriCare Health Center.” These materials suggest that Falana has been diagnosed with a disease known as ‘Prostatitis.’ The lawyer contended that this publication constitutes an invasion of Falana’s privacy, which is protected under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

In a motion filed 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, as well as Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules, 2009, human rights lawyer Olumide Babalola, representing the plaintiff, has accused the organization of posting motion images and audio captions on their website labelled “AfriCare Health Center.” These materials imply that Falana has been diagnosed with a condition known as ‘Prostatitis.’ The lawyer argued that this publication constitutes an invasion of Falana’s privacy, which is protected under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

Falana stated that the publication and video released through the organization’s platform at http://www.facebook.com are “false, inaccurate, misleading, and unfair to the Applicant, thereby violating the provisions of section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023.”

The reputable lawyer was requesting the court to declare that the continued publication of the Applicant’s name, still and motion images, and alleged voice on a page and video titled “AfriCare Health Centre” on their platform at http://www.facebook.com implies that the Applicant suffers from a disease known as ‘Prostatitis’. This constitutes an invasion of the Applicant’s privacy, which is protected by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.

Additionally, he is requesting the court to order the “Respondents” to promptly remove, erase, and delete the video titled “AfriCare Health Centre” from their platform – http://www.facebook.com.

Falana is seeking general damages of $5,000,000 (Five Million US Dollars) for the harm caused by the publication. He also requests a consequential order that the court may deem appropriate under the circumstances.

Falana claims that a false video published about his health status, which pertains to his private life, has tarnished his image and the reputation he has built over the years. He argues that the publication by the Respondent is false, offensive, and disturbing, and it portrays him in a misleading light, resulting in mental and emotional distress.

The Applicant, a reputable individual, instituted this process because he is entitled to the fundamental right to privacy as guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The Respondent published the Applicant’s name and images while falsely attributing an illness to him, thereby violating his right to privacy as protected by the Constitution and the Nigeria Data Protection Act 2023. As a result of this false story, the Applicant has experienced emotional and psychological distress.

In the affidavit supporting the motion, Falana asserted that he is known for his courageous legal battles, frequently taking on cases that challenge government policies and actions infringing on citizens’ rights. He noted that his law practice encompasses a broad range of areas, including constitutional law, civil rights, public interest litigation, and international human rights law.

Additionally, he emphasized that he is recognized for his efforts in defending freedom of expression, advocating for the rights of marginalized groups, and confronting governmental overreach.

He alleged that the Respondent is a media company operating a global social media platform known as http://www.facebook.com. On January 16, 2025, he discovered that a video featuring him had been posted on the Respondent’s platform under the page titled “AfriCare Health Centre on Respondent’s platform – http://www.facebook.com.” He presented this video as an exhibit in the suit.

In the video, which includes his name and picture, he claims to have said: “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 experienced difficulties in urinating, lower back pain, and other symptoms that made it challenging 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, and even surgery, but these methods only temporarily relieved the symptoms.”

He expressed his distress over the wrongful publication, stating that he had been significantly harmed by the Respondent’s video. He emphasized that his health is a private matter, and he has never suffered from any disease known as ‘Prostatitis.’

He asserted, “I have never had any dealings with the Respondent or its pages regarding my health. The video and its content are false, inaccurate, misleading, and unfair to me. It portrays me in a false light and constitutes an invasion of my privacy.”

He further claimed that the Respondent operates global platforms, meaning that anything published on these platforms can be accessed and viewed by millions of people worldwide. Since January 2023, when the stories were published, they have been seen by countless individuals.

He stated, “For the purpose of this suit, I do not consider these stories to be libellous. However, because they are false and fabricated, I find them offensive, reckless, insensitive, disturbing, and an unjustifiable intrusion into my privacy that paints me in a false light.”

“The video posted by the Respondent has portrayed me in a false light, making insinuations that are untrue and violating my right to privacy and my right to be left alone.

As of the time I am submitting this affidavit, the video has been available online for several weeks, reaching viewers worldwide.

I believe that the Respondent’s decision to publish my name and image without verifying the information was done carelessly and recklessly, primarily to drive traffic to their platform and increase their advertising revenue.

The use of my name and image in this video is not only unfair but also shows a lack of sensitivity toward my feelings, as the Respondent failed to verify the claims made.

I find the publication of my photograph and name in a false light to be highly offensive and emotionally distressing. This situation has caused me ongoing anxiety, sadness, and exposure to ridicule.

Therefore, I respectfully request the court’s intervention to help restore my image and prevent further harm.”