Lagos High Court sitting at TBS has awarded $25,000 in damages to human rights lawyer Femi Falana in a $5 million lawsuit against Meta Platforms Inc. over an alleged invasion of privacy.
The case followed the publication of a video on Facebook in early 2025 claiming that Mr Falana was suffering from a terminal illness.
The video prompted Falana to institute legal action against the US-based technology company.
Delivering judgement on Tuesday, Justice Olalekan Oresanya held that Meta, which hosts pages for commercial benefit, owes a duty of care to persons affected by content disseminated on its platform.
Falana, through his lawyer, Olumide Babalola, accused Meta of publishing motion images and voice captions titled “AfriCare Health Centre” suggesting that he suffered from a medical condition known as prostatitis.
He argued that the publication violated his right to privacy as guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Falana told the court that the video damaged his image and reputation and caused him mental and emotional distress.
He said the publication portrayed him inaccurately and disclosed information about his health without consent.
In its judgement, the court rejected the arguement that digital platforms can rely solely on hosting or intermediary defences where the platform monetises content and harm from misinformation is foreseeable.
The court held that Falana’s status as a public figure does not remove his right to privacy.
It ruled that the publication of medical information intruded into his private life, regardless of his public standing.
Justice Oresanya also held that Meta determines the means and purposes of processing content on its platform, monetises pages and controls distribution through algorithms, making it a joint data controller with page owners.
On that basis, Meta was held liable for the video.
The court further ruled that Meta breached Section 24 of the Nigeria Data Protection Act (NDPA) by processing personal data that was inaccurate, harmful, lacked a lawful basis and was unfair to Falana.
The court held that the health information amounted to unlawful processing.
It stated that where the risk of inaccuracy is foreseeable, particularly in relation to sensitive personal data, a platform has a duty to ensure accuracy and integrity.
The court also found that Meta failed to put in place safeguards to prevent or reduce the harm arising from the publication.
It held that the company did not deploy sufficient content review or takedown measures, amounting to non-compliance with regulatory obligations.
Reacting to the judgement, Babalola said the decision affirms platform accountability under Nigerian law and clarifies that health data remains protected, including for public figures.
