In what could become a pivotal legal showdown for privacy and image rights in Ghana’s digital age, Faustina Djagbele Abbey, an onion trader operating near Accra’s iconic Makola Market, has filed a GH¢2 million lawsuit against Telecel Ghana for allegedly using her image without her consent in a nationwide advertising campaign.
The case, filed on May 23, 2025, through her lawyer Bernard Owiredu Donkor of Thompson Law Consult, accuses Telecel of violating her privacy and personal liberties by using her photo in digital and offline adverts for the ‘Telecel Red Save’ product without her consent.
“The failure of the Defendant to obtain the Plaintiff’s consent before using her image to promote, market, and advertise its product is a direct affront to her personal liberty and dignity,” the writ argues.
The product in question, Red Save, is a digital financial solution aimed at encouraging mobile savings among subscribers. According to Abbey’s claim, her image has been widely circulated across billboards, television, and Telecel’s official social media platforms.
A Viral Campaign, An Unwitting Face
Abbey says she first became aware of her unintended stardom through customers and fellow traders at Makola, who recognized her face in what appeared to be a professionally crafted brand campaign.
She alleges that the unsolicited visibility led family and acquaintances to assume she had been financially compensated or had struck a major endorsement deal with the telecom giant. This, she says, has strained relationships and triggered psychological distress, a side effect she argues is all too often overlooked in digital privacy breaches.
Data Protection, Image Rights, and Corporate Risk
This case lands squarely within the growing focus on image rights, digital consent, and ethical marketing. Ghana’s Data Protection Act, 2012 (Act 843) mandates clear consent for the collection and use of personal data, including photos and biometric identifiers.
Legal experts say that Abbey’s lawsuit could test the boundaries of this legislation in a digital-first marketing world, where image-based content circulates rapidly, often without formal clearance.
The suit demands that all materials featuring her image be taken down, and seeks declaratory reliefs to affirm that the use of her image was unlawful.
Corporate Caution: Is the Tide Turning?
Telecel Ghana, currently holding an estimated 17.2% market share in voice and data services as of July 2024, is the latest high-profile company to come under fire over image rights. In recent months, even music icon Sarkodie reportedly took legal action against Ecobank over similar concerns, fuelling national debate over marketing ethics and personal branding.
With consumer awareness rising and data privacy legislation gaining teeth, experts believe corporate Ghana must adopt a proactive compliance posture. Marketing and communications departments are being urged to tighten internal processes around content approvals, image licensing, and influencer contracts, especially when dealing with user-generated content or street-level promotional visuals.
While Abbey’s legal claim centers on financial redress and the removal of her image from all platforms, the broader implications may resonate across boardrooms.
If successful, the case could redefine how companies engage with everyday Ghanaians in marketing campaigns, particularly those drawn from informal economic settings.
