
To explore this topic, the first question to ask is: what exactly is the right to be left alone?
In 1890, two American jurists Samuel Warren and Louis Brandeis published a groundbreaking book titled, "The Right to Privacy". They were worried about newspapers and intrusive cameras; what they called "the excesses of the press". The duo warned that modern society needed "the right to be let alone."
If Warren and Brandeis could write about this delicate subject more than a century ago, imagine what they would say today, especially when a single post can circle the globe before you finish your coffee. The same question they raised then still confronts us now: how much of a person's life should belong to the public? That question sits at the heart of a recent Nigerian dispute: Adunni Ade v. Polace Media.
Adunni Ade is no stranger to the spotlight. Like many public figures, her career depends on visibility. But when a media outlet reportedly used her personal images and content without her consent, and maliciously, she fought back.
Her case raises an uncomfortable question: does fame mean you give up the right to privacy?
A lot of people assume that when you step into public life, you've traded your privacy for popularity. But that's not how the law sees it. Section 37 of the Nigerian Constitution is clear:
"The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected," the constitution reads.
Everyone has this right, including celebrities.
And with the Nigeria Data Protection Act (NDPA) of 2023, the law now goes further.
> The Data Privacy Law
Under Section 65 of the Act, personal data means "any information relating to an individual, who can be identified or is identifiable, directly or indirectly, by reference to an identifier…of that individual." That includes names, photographs, videos, and any digital content capable of revealing a person's identity.
Section 24 of the same Act then adds that a data controller or data processor shall ensure that personal data is processed in a fair, lawful and transparent manner and not to be further processed in a way incompatible with these purposes.
For most people, it's easy to forget that photographs, videos, and even names are forms of personal data. When a media outlet uses them without permission or a legitimate purpose, it's not just bad ethics, it can amount to a legal violation.
Context like "she's a public figure, so it's fine," or "his pictures are everywhere on the internet, so we can use it," is not a consent, or basis for a legitimate interest under the NDPA. The Judge in Adunni Ade v. Polace Media made that clear.
Consent means the individual has clearly agreed, in a specific, informed, and unambiguous way, and legitimate interest means the usage is fair, lawful and transparent.
> Press Freedom, Not Freedom to Pry
Of course, the media plays a vital role in any democracy. In the name of public interest, journalists help us understand the world, hold the powerful accountable, and tell stories that matter. But there's a fine line between reporting and intrusion. The real question should always be: Is this story in the public interest or merely interesting to the public?
In Adunni Ade v. Polace Media, the court ruled it was the latter. The publication's use of her images and personal content served no legitimate public purpose. It wasn't an exposé of corruption or misconduct; it was a violation of personal dignity.
The court drew a clear distinction between exposing wrongdoing and exploiting private life. It reaffirmed that celebrities, too, have a right to be left alone, that fame does not nullify fundamental human rights.
In an era where exposure feels like currency, perhaps the most radical right we can still defend is the right to simply be left alone.
The verdict in Adunni's case has definitely become an authority and a legal reference, a message to the media, influencers, and digital platforms across Nigeria that the right to privacy is not a privilege; it's a constitutional guarantee for everyone, including celebrities.
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Abdullah Tijani is the Managing Partner at PolicIQ, specializing in tech governance and AI regulation.
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Our team can help you understand and comply with Nigeria's data protection laws and privacy regulations.
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