Meta’s loss in an appeal in a Kenyan labor court on Friday means that the company can now be sued in Kenya over the mass sacking of content moderators. The court had initially ruled that Kenyan courts had jurisdiction over the matter, which was challenged by Meta. The case, filed by 185 content moderators from different African countries who were working for a Meta contractor in Nairobi, seeks $1.6 billion in compensation. This ruling allows the case to proceed in the labor court, marking a significant victory for the moderators.
Facebook is facing two lawsuits in Kenya related to the exploitation of content moderators and the termination of their employment contracts. The moderators have spoken out about the traumatic nature of their jobs, which required them to view horrifying content for long hours each day. They were paid a low monthly salary and received inadequate professional counseling for the mental toll it took on them. The response from Facebook and Sama, the contractor, has been to defend their employment practices, but the moderators are seeking justice through legal action.
The Kenyan workers’ case is supported by Foxglove, a U.K.-based non-profit organization, whose director Martha Dark criticized Meta for using legal tactics to delay the case. The hope is that justice will be served for the moderators who have suffered as a result of their work with Facebook and Sama. The collapse of an out-of-court settlement in October 2023 due to perceived insincerity by Facebook has led the moderators to pursue the lawsuit in court. This legal challenge is the first of its kind against Facebook outside the United States and could have significant implications for how the company treats its content moderators globally.
James Irungu, one of the 185 former Facebook content moderators involved in the case, described the ruling as a significant victory. The moderators are seeking accountability for the exploitation they faced while working for Meta’s contractor in Kenya. This case sheds light on the challenging and often traumatic experiences of content moderators who are tasked with policing harmful content on social media platforms. The hope is that this legal action will lead to improved working conditions and support for content moderators not just in Kenya, but globally.
The ruling in the Kenyan labor court sets a precedent for holding tech giants accountable for the treatment of their workers in countries outside their headquarters. The case highlights the importance of ensuring that content moderators are provided with adequate support and compensation for the mental toll of their work. Facebook’s history with content moderation challenges, including a $52 million settlement in the United States in 2020, underscores the need for greater oversight and protection for these workers. The outcome of this case in Kenya could have far-reaching implications for how social media platforms address the well-being of their content moderators moving forward.
