A court in Kenya has ruled that Meta, the parent company of Facebook, can be sued in the East African country over the dismissal of dozens of content moderators employed by Sama, a Kenya-based contractor hired to moderate Facebook content. The ruling, issued by the Court of Appeal, also allowed legal proceedings against Meta concerning allegations of poor working conditions faced by its contractors.
This decision is significant as it upholds a prior ruling from April 2023 by a Kenyan labor court, which stated that Meta could be held accountable for the dismissals. Meta had sought to appeal the ruling, arguing that it was not incorporated in Kenya and, therefore, should not be subject to the jurisdiction of Kenyan courts. However, the Court of Appeal dismissed Meta’s arguments, stating that the tech giant’s appeals were without merit, and upheld the original decision.
The Background: Moderator Dismissals and Allegations of Blacklisting
In March 2023, Meta ended its contract with Sama, leading to the dismissal of all 260 content moderators working in Kenya. These moderators later sued Meta and two content moderation contractors—Sama and Majorel, a Luxembourg-based company that replaced Sama—claiming unlawful redundancy and blacklisting. According to the plaintiffs, they were laid off after attempting to form a union, and they were subsequently barred from applying for similar roles at Majorel, Meta’s new content moderation contractor.
In response, Meta distanced itself from the lawsuit, arguing that the plaintiffs were not its employees but rather staff members of Sama, the subcontractor. The company also maintained that since it was not incorporated in Kenya, it could not be sued in the country, as it only conducted business there through outsourcing.
Mediation Attempts and Involvement of Former Officials
In August 2023, the Kenyan court ordered Meta, Sama, and the plaintiffs to resolve their disputes through mediation within 21 days. This alternative dispute resolution process was aimed at avoiding a formal trial and finding a mutually beneficial outcome. Willy Mutunga, Kenya’s former Chief Justice, and Hellen Apiyo, the acting Commissioner for Labour, were appointed to oversee the mediation efforts.
If the parties fail to reach an agreement within the 21-day timeframe, the case will proceed to formal adjudication, potentially leading to a trial that could result in wider implications for both Meta and its contractors.
Allegations of Sexual Misconduct at Sama
Beyond the issues of dismissal and blacklisting, Sama faces additional scrutiny due to allegations of sexual misconduct within its Kenyan office. Two former employees accused Sama of fostering an unsafe work environment by shielding a colleague accused of raping two other employees. One of the victims claimed that after reporting the incident to management, no formal action was taken against the accused. Instead, a senior manager advised against involving the police, and the alleged perpetrator remained employed.
The victim further alleged that the company merely asked the accused to call and apologize to her, demonstrating what she described as a lack of support from Sama’s management. The revelations have further tarnished Sama’s reputation and added another layer of controversy to Meta’s content moderation practices in Kenya.
Meta’s Legal Battles Across Africa
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Meta is currently facing several legal challenges across Africa, many of which revolve around poor working conditions for its content moderators and its handling of hate speech and violence on its platforms. In one notable case, a former content moderator employed by Sama sued Meta, alleging substandard working conditions, particularly around the psychological toll of moderating distressing content.
Another lawsuit involves two Ethiopian researchers and a human rights organization, who accused Meta of allowing violent and hateful content to proliferate on Facebook, particularly concerning the conflict in Ethiopia. These lawsuits highlight the broader issues social media platforms face in moderating content while managing the working conditions of the contractors who handle this crucial task.
Meta’s Response to the Allegations
Meta has publicly responded to these legal actions, stating that it requires its content moderation partners to provide industry-leading working conditions for their employees. Regarding the Ethiopia-related lawsuit, Meta emphasized that it prohibits hate speech and incitement to violence on both Facebook and Instagram and has taken measures to address violations.
However, the outcome of the Kenyan case could set a precedent for how Meta engages with content moderators globally, especially concerning their working conditions and the company’s accountability for the actions of its contractors. Meta’s legal challenges in Kenya and elsewhere underscore the complexities of managing a global content moderation workforce and ensuring that standards for both employee welfare and content integrity are maintained.
The Impact of Local Legal Proceedings on Global Operations
These legal battles could have far-reaching implications for Meta’s global operations, particularly in how it handles the rights and working conditions of its outsourced content moderators. Should Meta be found liable in the Kenyan courts, it could lead to stricter oversight of its contractors and greater responsibility for the conditions under which its content moderators work. Moreover, the case could influence other jurisdictions to adopt similar stances, compelling Meta and other tech giants to reconsider their outsourcing practices.
The Kenyan court’s ruling also highlights the increasing willingness of African courts to hold multinational companies accountable for their actions within the continent, potentially leading to more robust legal frameworks for addressing labor rights and corporate responsibility in Africa.
