A Lagos State High Court sitting at the Tafawa Balewa Square has awarded $25,000 in damages against Meta Platforms Inc. in favour of a human rights lawyer, Femi Falana (SAN), over the publication of a false video on Facebook claiming he was suffering from a terminal illness.
The judgment was delivered on Tuesday by Justice Olalekan Oresanya, who held that Meta breached provisions of the Nigeria Data Protection Act (NDPA) by processing inaccurate and harmful personal data without lawful basis.
The court ruled that the publication of false health information amounted to the unlawful processing of sensitive personal data, noting that medical information attracts heightened legal protection under Nigerian law.
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The suit followed the circulation, early in 2025, of a video on Facebook alleging that Mr Falana was terminally ill. Mr Falana instituted the action through his counsel, Olumide Babalola, arguing that the publication violated his right to privacy.
In his judgment, Justice Oresanya rejected Meta’s argument that it merely operates as a hosting platform or intermediary. He held that where a digital platform monetises content and the harm arising from misinformation is reasonably foreseeable, it cannot escape liability.
“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 judge said as quoted by the Punch.
The court further held that Meta determines the means and purposes of processing content on Facebook, controls content distribution through algorithms, and monetises pages, thereby acting as a joint data controller with page owners and bearing vicarious liability for unlawful content.
Justice Oresanya also dismissed the argument that Mr Falana’s status as a public figure diminished his right to privacy, ruling that “the publication of false medical information constitutes an intrusion into the claimant’s private life.”
He added that health data attracts enhanced legal protection “irrespective of public status.”
The court faulted Meta for failing to deploy adequate safeguards to prevent or mitigate the harm caused by the misinformation, noting that as a global technology company with vast resources, it was expected to have effective content moderation systems and prompt takedown mechanisms.
The failure to do so, the judge ruled, amounted to non-compliance with obligations under the Nigeria Data Protection Act.
Meta was represented in the suit by Tayo Oyetibo (SAN).
