Meta, the parent company of Facebook, has encountered significant legal setbacks in Kenya, where the Court of Appeal has ruled that the tech giant can be sued over the mass dismissal of content moderators. The ruling stems from Meta’s relationship with its subcontractor, Sama, which managed the moderation of harmful content on Facebook across sub-Saharan Africa. The recent developments have further intensified the legal battle, which began over a year ago.
Meta Loses Appeal in Kenyan Court
On September 20, 2024, the Kenyan Court of Appeal dismissed Meta’s legal appeal, confirming that the company is indeed liable for the mass layoff of content moderators employed through Sama. This ruling signifies a major blow to Meta, which had argued that it was not directly responsible for the employment of these moderators.
The case first gained prominence in April 2023, when 184 content moderators, formerly employed by Sama to monitor Facebook content in Africa, filed a lawsuit against Meta. The moderators are seeking nearly $1.6 billion in damages, claiming they were exploited during their employment and later dismissed without due process.
Content Moderators Fight for Justice
The legal dispute revolves around claims made by the moderators that they faced unfair working conditions under Sama’s employment, and that Meta should be held accountable for the subcontractor’s actions. After their dismissal, the moderators allege they were not only terminated unjustly but were also blacklisted from applying for similar roles with Meta’s new contractor, Majorel, when the tech giant switched its content moderation partners.
The root of the conflict can be traced back to 2022, when these moderators attempted to form a union to address grievances related to working conditions. However, their efforts were met with termination, leading to a series of lawsuits against both Sama and Meta. The moderators argue that Meta bears primary responsibility for their plight, despite the tech company’s attempts to distance itself from the matter.
Meta’s Attempt to Avoid Liability
Meta has consistently denied responsibility for the treatment and dismissal of the content moderators, insisting that Sama was their direct employer. Despite this, a Kenyan court in June 2023 rejected Meta’s claims, labeling the company as the primary employer and holding it accountable for the welfare of the workers.
In August 2024, the situation escalated when the Kenyan court blocked Meta from firing any of the 184 moderators until the lawsuit regarding their alleged “unlawful dismissal” was resolved. This decision prevented Meta from proceeding with further layoffs and strengthened the moderators’ legal position. It also raised important questions about the rights of workers employed through third-party contractors and the responsibilities of global tech companies operating in Africa.
Legal Battle Grows More Complex
The Kenyan legal system has become the stage for an increasingly complex and high-stakes showdown between Meta and its former content moderators. In February 2023, a separate court ruling declared that Meta could be sued over the poor working conditions experienced by these moderators. Negotiations for a settlement between Meta and the moderators have since broken down, prolonging the legal battle and adding to the tech giant’s troubles in Kenya.
As the court case drags on, Meta has been accused of trying to sidestep accountability by placing the blame squarely on Sama. However, the latest ruling from the Court of Appeal undermines this strategy, making it clear that Meta cannot avoid responsibility for the treatment of workers employed to review and moderate content on its platforms.
Future Implications for Meta and Global Tech Companies
Meta’s legal challenges in Kenya have far-reaching implications, not just for the company itself, but for other multinational tech firms operating in regions like Africa. This case highlights the growing scrutiny on how global companies handle labor practices, especially when it comes to third-party contractors.
The plight of Meta’s content moderators has drawn international attention to the working conditions in the content moderation industry, where workers often face psychological stress from reviewing harmful content and are provided with minimal support. This case may set a precedent for future legal actions against tech companies accused of poor labor practices in other parts of the world.
Conclusion: A Turning Point for Worker Rights in Africa?
The ruling against Meta in Kenya could be seen as a victory for workers’ rights, particularly in Africa, where labor conditions in the tech industry have often gone under the radar. It shines a spotlight on the need for greater accountability from tech giants like Meta, which operate across borders and rely heavily on subcontractors. The final outcome of this legal battle will not only determine compensation for the dismissed moderators but may also influence how content moderation and labor practices are regulated in Africa and beyond.
As Meta continues to face legal challenges, the case serves as a reminder that tech companies must prioritize the rights and well-being of their workers, regardless of whether they are directly employed or contracted through third parties. The global tech industry will be watching closely as this case unfolds, with potential ripple effects across other regions and industries.
