Human rights activist, Mr. Femi Falana, has filed a $5 million suit before a Lagos High Court against the United States of America-based organisation, Meta Platforms Inc., over alleged invasion of his privacy.
Falana, through his lawyer, Olumide Babalola, accused Meta of publishing motion images and voice captioned, ‘AfriCare Health Center’, on their website to the effect that he suffered a disease known as ‘Prostatitis’ which the lawyer claimed constitutes an invasion of his privacy as guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
The suit was filed pursuant to Section 37 of the 1999 Constitution (as amended) and Section 24(1)(A) and (E) & Section 34(1)(D) of Nigeria Data Protection Act 2023, Order 2 Rule 1 Fundamental Rights Enforcement Procedure Rules, 2009.
In documents put before the court, Falana claimed the publication and the video as released through the organization’s platform -www.facebook.com, is ‘false, inaccurate, misleading and unfair to him and thereby violates the provision of section 24(1)(a) and (e) of the Nigeria Data Protection Act 2023’.
The Senior Advocate is therefore asking the court for a declaration that the ‘Respondents continued publication of the Applicants name, still and motion images and purported voice on a page and video captioned “AfriCare Health Centre” on their platform – www.facebook.com to the effect that the Applicant suffered from a disease known as ‘Prostatitis constitutes an invasion of the Applicants privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria, 1999’.
He is also asking the court for an order mandating the ‘Respondents to forthwith remove, erase and delete the video captioned ‘AfriCare Health Centre’ on their platform – www.facebook.com’.
For the damages the publication has caused him, Falana is asking for general damages of $5, 000, 000 (five million US dollars) and any consequential order that the court may deem fit to grant in the circumstance.
Falana says that the published false video about his health status has rubbished his image and the name he built over the years.
He argued that the publication by the respondent which is false, offensive, and disturbing paints him in a false light, that has caused him mental and emotional disturbances.
He lamented the wrongful publication and insisted that he has been greatly prejudiced by the respondent’s video on the grounds that his health life is part of his private life and he has never suffered any disease known as ‘Prostatitis’ in his life.
The SAN submitted that ‘I have never had any dealing with the respondent or its pages on issues with my health life. The video and its contents are false, inaccurate, misleading, and unfair to me. The video paints me in a false light and as such is an invasion of my privacy’.
He claimed that the respondent operates global platforms and anything published on these platforms is accessed and viewed by millions of people around the world. Hence, the stories have been viewed by millions of people since January 2023 when they were published on the respondent’s platforms.
