The Lagos State High Court sitting at Tafawa Balewa Square (TBS) has awarded $25,000 in damages to prominent human rights lawyer, Mr. Femi Falana, SAN, in a privacy lawsuit against Meta Platforms Inc., the United States–based technology company owned by Mark Zuckerberg.
The court held that Meta violated Falana’s constitutional right to privacy by allowing the circulation of a false health-related video on Facebook, despite profiting from the platform that hosted the content.
Justice Olalekan Oresanya delivered the judgment on Tuesday, January 13, dismissing Meta’s argument that it merely acted as a neutral intermediary and bore no responsibility for user-generated content.
The suit arose after a Facebook video published earlier in 2025 falsely claimed that Falana was suffering from a terminal illness, a claim the senior lawyer described as damaging, distressing, and untrue.
Court affirms platform duty of care
In his ruling, Justice Oresanya held that global technology companies that monetise content owe a duty of care to individuals affected by information circulated on their platforms.
The court found that Meta could not shield itself behind a “hosting-only” defence where harmful misinformation was foreseeable and commercially beneficial to the platform.
Falana, represented by his counsel, Mr. Olumide Babalola, told the court that the offending content consisted of motion images and voice captions titled “AfriCare Health Centre”, which falsely suggested that he was suffering from prostatitis.
He argued that the publication constituted a clear violation of Section 37 of the 1999 Constitution, which guarantees the right to privacy.
The court agreed, holding that “the fact that the applicant is a public figure does not rob him of his right to privacy.”
False health claims ruled unlawful
Justice Oresanya held that the publication of false medical information amounted to an intrusion into Falana’s private life, regardless of his public standing.
The court noted that health-related data attracts heightened legal protection and that the dissemination of inaccurate medical claims was inherently harmful.
Falana told the court that the video had damaged his reputation, built over decades of legal advocacy, and caused him emotional and psychological distress.
He described the content as false, offensive, and disturbing, arguing that it portrayed him in a false light before the public.
The court accepted these submissions and ruled that the publication was unlawful per se.
Meta held jointly liable under data law
In a key finding, the court ruled that Meta exercises control over how content is processed, distributed, and monetised on its platform.
It held that Meta determines the means and purposes of data processing and therefore acts as a joint data controller alongside page owners.
On that basis, Meta was found vicariously liable for the offensive video.
Babalola said the ruling represents a major shift in Nigerian data protection jurisprudence.
“This is a major development under the NDPA and weakens the ‘mere platform’ defence traditionally relied upon by Big Tech,” he said.
Breach of Nigeria Data Protection Act
The court further held that Meta breached Section 24 of the Nigeria Data Protection Act (NDPA) by processing personal data that was inaccurate, harmful, lacked lawful justification, and was unfair to the claimant.
Justice Oresanya ruled that where the risk of inaccuracy is foreseeable, especially concerning sensitive personal data, platforms owe a heightened duty to ensure accuracy and integrity.
The court found that Meta failed to deploy adequate safeguards to prevent or mitigate the harm caused.
As a global technology company with vast financial and technical resources, Meta was expected to maintain effective content-review systems and rapid takedown mechanisms proportionate to the risks posed by misinformation.
Its failure to do so, the court held, amounted to regulatory non-compliance.
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