Content Moderators Can Sue Meta In Kenya—Court Dismisses Tech Giant’s Appeal

Kenya’s Court of Appeal ruled that Meta, the parent company of Facebook, can be sued in Kenya for labor disputes involving outsourced content moderators, according to The Kenyan Wall Street.

The ruling marks a major step in a long-standing case where Meta sought to avoid legal responsibility for its operations in Kenya. 

The court dismissed Meta’s appeal, which argued that Kenya’s Employment and Labour Relations Court lacked jurisdiction to sue a foreign company like Meta.

How Did We Get Here?

The case centers around Daniel Motaung, a South African whistleblower, and 185 other content moderators who allege Meta failed to provide adequate working conditions. 

The dispute began when Motaung, a content moderator for Facebook in Nairobi, filed a lawsuit against Meta and its subcontractor Sama in May 2022. 

Motaung’s claims of exploitation, poor working conditions, and inadequate mental health support sparked global attention. After attempting to form a union and improve working conditions, Motaung was fired, leading him to file the lawsuit in 2022.

In March 2023, over 180 Kenya content moderators filed a separate lawsuit against Sama and Meta for unlawful dismissal. They are also suing Majorel, Meta’s other content moderation partner, for backlisting Sama’s former employees.

Read: ChatGPT, Facebook, And TikTok’s African Content Moderators Have Unionized

Meta’s Jurisdiction Argument Fails

Meta argued that, as a US-based company, it should not be subjected to Kenyan jurisdiction. However, the appellate court upheld an earlier ruling by the Employment and Labour Relations Court, allowing the case to proceed. 

The panel of three judges—Justices Musinga, Makhandia, and Mativo—affirmed that the moderators had a constitutional right to pursue their case in Kenya. 

They found that Meta’s involvement in Kenya’s economy and its reliance on local firms like Sama to manage content moderation justified the Kenyan court’s authority over the case.

The ruling also noted that a bid to settle the case outside of court failed, leaving the content moderators free to pursue legal action. 

The court’s decision not only allows the content moderators to seek justice but also sets a precedent for how multinational companies like Meta can be held accountable for their operations in foreign countries.