A Kenyan court recently ruled that Meta, the parent company of Facebook, can be sued in Kenya regarding the dismissal of content moderators. This pivotal decision could significantly impact how major tech companies engage with their content moderation teams worldwide.
The legal battle began in 2022 when a group of content moderators filed a lawsuit against Meta and two local contractors, Sama and Majorel. The moderators claim they were wrongfully fired by Sama after attempting to form a union. After Meta switched contractors, they allege they were blacklisted from applying for jobs at Majorel. Efforts to reach an out-of-court settlement failed last October, leading to this court ruling.
On Friday, the Kenyan Court of Appeal upheld a previous ruling from April 2023, which indicated that Meta could stand trial in Kenya for the moderators’ dismissals. Meta had contested this decision, along with a February ruling that permitted the company to be sued for allegedly poor working conditions.
Implications for Global Practices
The court’s ruling may set a crucial precedent for how Meta and other tech giants manage content moderation. Moderators often deal with distressing material, raising concerns about their mental well-being and workplace conditions. Despite Meta’s claims of enforcing high standards for its contractors, ongoing litigation in Kenya has cast doubt on whether those standards are upheld.
Meta’s Legal Position
Meta argues that the Kenyan courts lack jurisdiction over the case, asserting that it is a foreign corporation with no physical presence in the country. The company claims that the moderators were legally terminated and that it should not be held accountable for their dismissals.
In its defense, Meta has stated that Kenyan law does not apply to foreign entities like itself and that the moderators were not direct employees. The company contends that being required to pay damages could impose an unfair financial burden.
Lawyer Mercy Mutemi, representing the moderators, asserts that the dismissals were retaliatory, initiated after they sought better working conditions. She emphasized that Meta operates in Kenya through various digital platforms and should therefore be subject to local laws. The moderators, many of whom are from different African nations, were based in Nairobi and supported a wider regional moderation effort.
They are pursuing compensation equivalent to twelve months’ salary for unfair dismissal and additional damages for labor violations and rights infringements.
Support from Advocacy Groups
Foxglove, a UK-based tech rights organization, has rallied behind the moderators. Its director, Martha Dark, expressed enthusiasm over the court’s decision, viewing it as a significant step toward justice. “We are excited the roadblocks are finally gone and will support the 185 contractors every step of the way to the courtroom,” Dark stated.
Prior Court Decisions and Ongoing Issues
In a previous ruling, Justice Mathews Nderi allowed the moderators to serve legal documents to Meta’s leadership in the United States. He also issued temporary injunctions to prevent their dismissals pending the case. However, the appellate court criticized some earlier rulings as premature, particularly those requiring Meta to ensure mental health services for the moderators at this stage.
This case goes beyond individual compensation; it highlights broader issues surrounding Big Tech’s treatment of content moderators. Mercy Mutemi remarked, “Meta being sued in Kenya is a wake-up call for all Big Tech companies to pay attention to the human rights violations taking place along their value chains.”
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