Meta could face trial in Kenya for firing content moderators

The Court of Appeals in Nairobi has ruled that Meta can be taken to trial in Kenya for the dismissal of 185 content moderators. 

The former moderators say they were unlawfully fired after attempting to form a union, according to their lawyer, Mercy Mutemi. They are seeking $1.6 billion (€1,43 billion) in compensation.

In April 2023, a Kenyan labor court decided that both Meta and Sama, the Kenyan Meta contractor which had hired the moderators, could be tried for discrimination and violating the

moderators' rights. 

Meta appealed this ruling, but the court has now upheld the decision.

"The upshot of our above findings is that the appellants' [Meta's] appeals ... are devoid of merit, and both appeals are hereby dismissed with costs to the respondents," the judges at the

Court of Appeal said in their ruling.

James Irungu, one of the plaintiffs, expressed hope that this case will inspire others, calling the court's decision a "significant victory."

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Meta has defended its actions, insisting that it requires all its partners to provide industry-leading working conditions. 

Sama meanwhile said that it followed all local labor laws and provided mental health services to its employees.

The Court of Appeals also upheld a February 2023 ruling that Meta could be sued in Kenya over alleged poor working conditions. The US social media giant had also appealed the latter ruling.

"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," Mutemi said.

This lawsuit could have significant implications on how large tech companies handle content moderation worldwide. 

This case marks the first known legal challenge of its kind against Facebook outside of the US.

In 2020, Facebook agreed to a $52 million settlement with US content moderators who had filed a class action lawsuit, after they were repeatedly exposed to disturbing content.

In December 2022, three plaintiffs accused Meta platform Facebook of enabling the spread of violence and hate in Africa and filed a lawsuit seeking €2 billion in damages.

Last year, Daniel Motaung, a former South African content moderator, also accused Meta and Sama of labor exploitation and poor working conditions. 

This included viewing highly disturbing material for hours, such as violent videos and explicit content. 

Besides the mental toll of the job, moderators report being underpaid and lacking adequate psychological support.