Facebook Lawsuit in Kenya Aims to Empower Local Regulators

Facebook parent company, Meta, faces a legal battle in Kenya after a court ruled that it can be sued in the country. This time, the Employment and Labour Relations Court (ELRC) is backed by the local Court of Appeal in filing a lawsuit that challenges Facebook’s operation in the country. 

Facebook continues to support its flagship social media to defend the lawsuit filed by the Kenyan regulators. The previous Verdict the ordered by the Appeal Court, empowered the ELRC to probe Meta and its subsidiaries at will since their operations continue in networking with Kenyans. 

“The Court of Appeal has today upheld the Employment Court’s decision that Facebook can be sued in Kenya. The cases by the content moderators against Meta, Sama, and Majorel can now proceed,” Mercy Mutemi, Facebook advocate stated in court. 

For context, the Kenyan regulators relentlessly drag Facebook to court via lawsuits that follow the protocol of its inland regulatory system. Meta represented its flagship social media in the face of the Kenyan regulators to appeal its consent that challenges the ELRC’s lawsuits and adamantly argued that the regulatory agency has no jurisdiction to probe its operations. 

The ELRC is keen on probing Facebook because of an unsettled case — a lawsuit filed by former content moderators who claim they were wrongfully dismissed by Meta’s contractors, Sama and Majorel, after attempting to form a union. Recall this unending lawsuit between Facebook and the Kenyan regulators started after Meta discarded third-party content moderators from its network having found a seamless solution to moderating its user’s interactions with less expenses. 

However, this connotes that Sama and Majorel are the contract employees serving Facebook at the time as the discarded third-party moderators. The moderators are seeking compensation equivalent to 12 months’ salary for unfair dismissal and additional damages for labor violations and rights infringements. 

In 2022 when a group of content moderators filed a lawsuit against Meta and its contractors. The moderators alleged that they were dismissed after trying to organize a union and were blacklisted from applying for jobs at Majorel. Meta argued that Kenyan courts lack jurisdiction over the case, stating that it’s a foreign corporation with no physical presence in the country. 

Meta has reportedly defended its actions, stating that it mandates all its partners to provide industry-leading working conditions. However, the court’s decision allows the case to proceed, paving the way for potential changes in Meta’s content moderation practices.

The court’s ruling may set a precedent for how Meta and other tech giants manage content moderation. Moderators often deal with distressing material, raising concerns about their mental well-being and workplace conditions. This case highlights broader issues surrounding Big Tech’s treatment of content moderators and could impact how Meta engages with its moderation teams globally. 

The moderators are seeking $1.6 billion in compensation, citing poor working conditions and labor violations. The court’s ruling has been hailed as a victory for the moderators, with advocate Mercy Mutemi stating that it’s a “wake-up call” for Big Tech companies to address human rights violations.