Meta Loses Appeal in Kenya, Set to Face Lawsuit Over Mass Moderator Firings

The Kenyan Court of Appeal has determined that Meta, Facebook’s parent company, can be sued in the country over the mass dismissal of content moderators employed by its subcontractor, Sama. The decision could have far-reaching consequences for how Big Tech companies interact with workers globally, particularly in their moderation practices.

The Court of Appeal in Nairobi upheld a previous labor court ruling, affirming that Meta and its contractors could face legal action in Kenya. This decision follows an ongoing legal battle initiated in 2022 by content moderators who were laid off after attempting to form a union. The moderators allege that they were dismissed without just cause by Sama, a Kenyan-based firm contracted to moderate harmful content on Facebook, and later blacklisted from applying for similar positions with another contractor, Majorel, after Meta changed partners.

A Landmark Case for Content Moderation Labor Rights

The case involves over 180 former moderators from across Africa, who are now seeking $1.6 billion in compensation. Their lawsuit claims that Meta and its contractors failed to provide adequate working conditions, including mental health support, despite exposing them to highly distressing content such as graphic violence, child exploitation, and terrorism for extended hours. The content moderators, who were paid around KES 60,000 ($414) per month, report that they were given little to no psychological counseling after consistently viewing such disturbing material.

Friday’s ruling dismissed Meta’s appeal against two earlier decisions – one from April 2023, which stated that Meta could be sued for the dismissals, and another from February 2023, which allowed a case to proceed regarding poor working conditions at Sama.

“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,” read the ruling by the Court of Appeal, reinforcing the Kenyan courts’ jurisdiction over the case.

Global Implications for Meta and Big Tech

The case has the potential to reshape how content moderation is handled globally, especially for contractors working for major tech companies like Meta. Facebook’s content moderation workforce spans several continents, and this ruling could open the door to similar lawsuits in other countries where Meta contracts moderators.

Mercy Mutemi, the lawyer representing the content moderators, welcomed the ruling as a significant step toward holding Meta accountable.