Meta faces legal action in Kenya over layoffs of content moderators

A Kenyan court has ruled that Meta, Facebook’s parent company, can be sued in the country over the dismissal of dozens of content moderators employed by a local contractor, Reuters reported.

The legal dispute began last year when content moderators filed a lawsuit against Meta and two of its contractors, Sama and Majorel.

The moderators claim they were dismissed from their roles at Sama, a Kenya-based firm hired to moderate Facebook content, after attempting to organize a union. They are seeking $1.6 billion (€1,43 billion) in compensation.

Meta has defended its actions, stating that it mandates all its partners to provide industry-leading working conditions. Meanwhile, Sama has asserted that it complied with all local labour laws and offered mental health services to its employees.

The legal battle could have global implications for how Meta engages with content moderators, who are responsible for reviewing sensitive and graphic content posted on the platform.

The Kenyan Court of Appeal’s ruling on Friday upheld a previous decision by the labour court in April 2023, which allowed Meta to be tried over the dismissal of the moderators. Meta had appealed the initial ruling, but the appeal was rejected, paving the way for the case to proceed.

This marks a significant development in the ongoing discussions around labour rights and the treatment of content moderators.

The court also upheld a previous ruling from February 2023, allowing Meta to be sued in Kenya over claims of poor working conditions—another decision Meta had challenged on appeal.

“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.

Meta has previously addressed allegations of poor working conditions in Kenya by stating that it requires its partners to offer industry-leading standards. Majorel, on the other hand, has declined to comment on ongoing or active litigation.

“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,” said Mercy Mutemi, a lawyer for the content moderators.