A Lagos State High Court has awarded $25,000 in damages to Nigerian human rights lawyer Femi Falana (SAN) after Meta Platforms Inc., the parent company of Facebook, displayed a picture falsely suggesting that he was suffering from a terminal illness
The judgment was delivered on Tuesday, January 13, 2026. The court rejected Meta’s defense that it merely acted as a “hosting” or “intermediary” platform, noting that the company monetizes content and that harm arising from misinformation on its platform is reasonably foreseeable.
Olumide Babalola, convener of PrivCon Nigeria and co-author of the Casebook on Privacy and Data Protection Law in Nigeria, represented Falana in the lawsuit and shared the ruling on LinkedIn. Babalola explained that the case was prompted by a video published on Facebook in early 2025, which falsely portrayed Falana as suffering from a terminal illness.
He said, “The court made instructive pronouncements: A global technology company such as Meta, which hosts pages for commercial benefit, owes a duty of care to persons affected by content disseminated on its platform. The Court rejected the notion that platforms can rely solely on ‘hosting’ or ‘intermediary’ arguments where the platform monetizes content and harm from misinformation is reasonably foreseeable.”
Babalola added that the court affirmed that public figures retain their right to privacy. “The publication of false medical information was found to intrude into the claimant’s private life, regardless of his public standing. This settles an important misconception in Nigerian practice and affirms that health data enjoys heightened protection, even for public figures,” he stated.
Background
On February 9, 2025, Falana filed a $5 million lawsuit against Meta at a Lagos High Court, alleging that the publication of the video titled “AfriCare Health Centre” violated his constitutional right to privacy under Section 37 of the 1999 Constitution and provisions of the Nigeria Data Protection Act 2023.
Falana, represented by Babalola, argued that the video falsely suggested he suffered from prostatitis. He claimed the content was “false, inaccurate, misleading and unfair” and demanded that Meta immediately remove it from Facebook. He also sought damages for emotional and psychological distress, reputational harm, and intrusion into his private life.
In court filings, Falana said Meta published his name, image, and fabricated health information without verification, in violation of both the Constitution and the Nigeria Data Protection Act. The video, which had been viewed by millions, was allegedly published to drive traffic and advertising revenue.
The court’s ruling now holds Meta accountable for publishing false medical information and reinforces platform responsibility under Nigerian law, even when the affected person is a public figure.
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