Meta, the parent company of Facebook, has lost an appeal against a ruling that allows it to be sued in Kenya over the dismissal of 185 content moderators. The moderators, who were employed by Sama, a Kenyan contractor for Meta, accuse the tech giant of unlawfully firing them after they attempted to form a union. The former moderators are now seeking $1.6 billion (€1.43 billion) in compensation.
The Court of Appeals in Nairobi upheld an earlier decision by a Kenyan labor court, which found that Meta and Sama could be tried for alleged discrimination and violations of the moderators’ rights. In its ruling, the Court of Appeals dismissed Meta’s appeal, stating that the company’s arguments were “devoid of merit.”
“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 stated.
One of the plaintiffs, James Irungu, hailed the ruling as a “significant victory” and expressed hope that the case would inspire others facing similar challenges. “This decision shows that even the largest companies can be held accountable for their actions,” he said.
Meta defended its stance, stating that it requires all of its partners to adhere to industry-leading working conditions. Meanwhile, Sama insisted that it had complied with local labor laws and provided mental health services to its employees.
This legal battle has broader implications for the tech industry, particularly regarding how global technology companies handle content moderation and employee welfare. Mercy Mutemi, the lawyer representing the former moderators, described the case as a “wake-up call for all Big Tech companies to pay attention to the human rights violations taking place along their value chains.”
In a separate but related ruling, the Court of Appeals also upheld a February 2023 decision allowing Meta to be sued in Kenya for allegedly poor working conditions. This ruling was also contested by Meta but was ultimately dismissed.
Previous Accusations Against Meta
This is not the first time Meta has faced legal challenges over its content moderation practices in Africa. In December 2022, three plaintiffs accused Meta’s platform, Facebook, of facilitating the spread of violence and hatred across the continent and filed a lawsuit seeking €2 billion in damages.
In another case, former South African content moderator Daniel Motaung accused Meta and Sama of labor exploitation and providing substandard working conditions. Motaung described having to watch disturbing material for hours, including violent videos and explicit content, with inadequate psychological support and compensation.
The outcome of this lawsuit could set a precedent for how large technology companies are held accountable for their practices in content moderation, especially in regions where labor rights may be less rigorously enforced. As the trial progresses, the global tech community will be watching closely, as the case could redefine industry standards for employee welfare and ethical responsibility.