THE LAWSUIT filed by human rights lawyer, Femi Falana (SAN), against Meta Platforms Inc. has sparked a larger debate on data privacy, misinformation, and the responsibility of global tech companies in Nigeria.
The Explainer gathered that Falana’s $5 million lawsuit against Meta—the parent company of Facebook—challenges the unauthorised use of his name, image, and voice in an alleged misleading advertisement for a health product. He argues that the false publication, which claims he suffers from prostatitis, violates his privacy and has subjected him to emotional distress and reputational damage. The suit is based on Section 37 of the 1999 Constitution (as amended) and the Nigeria Data Protection Act 2023, a law designed to regulate the collection, processing, and storage of personal data.
Falana’s case is unfolding against the backdrop of increasing scrutiny on how digital platforms handle user data and prevent misinformation. The Nigeria Data Protection Act 2023 was signed into law to establish legal frameworks for privacy rights and penalise the unauthorised use of personal information. According to the National Data Protection Commission (NDPC), at least 110 data breaches were reported in Nigeria in 2023, affecting businesses and individuals across sectors.
The Explainer found that privacy violations on social media have been on the rise, with Nigeria ranked among the top 10 countries with the highest risk of identity theft in Africa, according to a 2023 report by cybersecurity firm Surfshark. The Africa Cyber Security Report also found that over 64% of Nigerians have encountered some form of digital misinformation, underscoring the growing challenges of regulating online content.
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Meta has faced several legal challenges worldwide over privacy violations and misinformation. In 2023, the company was fined €1.2 billion ($1.3 billion) by the European Union for breaching data transfer rules under the General Data Protection Regulation (GDPR). In the United States, Meta has been sued multiple times for allowing misleading ads that use public figures’ likenesses without their consent.
The Explainer noted that Falana’s lawsuit is one of the first major legal tests of Nigeria’s Data Protection Act against a global tech giant. If successful, it could set a precedent for holding digital platforms accountable for content shared on their networks.
Nigerian courts have rarely handled lawsuits of this nature, making the outcome significant for both digital rights advocates and multinational companies operating in the country.
The issue at the heart of the case—unauthorized content featuring public figures—is not unique to Falana. The Explainer gathered that fraudulent digital ads using well-known personalities to promote fake products have surged globally, often driven by paid social media campaigns. A viewpoint article titled “The Social Media Industry as a Commercial Determinant of Health” discusses how social media platforms, driven by advertising revenue, may inadvertently promote content detrimental to public health.
In Nigeria, Facebook alone has over 36 million active users, according to DataReportal’s 2024 Digital Report, making it one of the largest sources of information—both verified and false. While Meta has repeatedly stated that it removes harmful content, digital rights groups argue that enforcement remains weak, allowing misleading ads to flourish.
