A Lagos State High Court sitting at Tafawa Balewa Square has awarded damages of $25,000 in favour of human rights lawyer, Mr. Femi Falana (SAN), against Meta Platforms Inc. The award followed the publication on Facebook of a false video alleging that Falana was suffering from a terminal illness.
The offensive video, circulated in early 2025, prompted Falana to institute proceedings through his counsel, Mr. Olumide Babalola.
Delivering judgment, Justice Olalekan Oresanya held that Meta’s conduct breached Section 24 of the Nigeria Data Protection Act (NDPA) by processing personal data that was “inaccurate, harmful, lacking lawful basis, and unfair.” The court ruled that the dissemination of false medical information amounted to unlawful processing of sensitive personal data.
Justice Oresanya made several significant pronouncements on platform accountability:
– Duty of Care: Meta, as a global technology company hosting pages for commercial benefit, owes a duty of care to persons affected by content disseminated on its platform.
– Liability Beyond Intermediary Status: The court rejected Meta’s defence that it was merely an intermediary, holding that monetisation of content and the foreseeability of harm from misinformation impose liability.
– Privacy Rights of Public Figures: The fact that Falana is a public figure does not diminish his right to privacy. False medical information constitutes an intrusion into private life, and health data attracts heightened legal protection.
– Joint Data Controller: Meta determines the means and purposes of processing, monetises pages, and controls distribution through algorithms. Accordingly, it acts as a joint data controller with page owners and is vicariously liable for unlawful content.
– Failure of Safeguards: Meta failed to deploy adequate safeguards, such as effective moderation and prompt takedown mechanisms, amounting to non‑compliance with its NDPA obligations.
The judgment underscores Nigeria’s emerging jurisprudence on platform accountability, clarifying that global technology companies cannot evade liability where harm from misinformation is reasonably foreseeable. It also reinforces the principle that privacy rights, particularly concerning health data, remain inviolable irrespective of public status.
Meta was represented in the proceedings by Mr. Tayo Oyetibo (SAN).
