In a legal battle involving social media giant Meta Platforms Inc. is unfolding in Kenya, where a court has ruled that the company can be sued over the dismissal of content moderators. This case, which could set a global precedent for how Big Tech companies handle their labor practices, was brought forward by former moderators who claim they were wrongfully dismissed by Meta’s contractors after attempting to unionize.
The Kenyan Court of Appeal’s ruling on Friday reaffirmed earlier decisions by lower courts, marking another setback for Meta as it navigates a legal quagmire that could have far-reaching implications for its operations across the globe. The moderators, who worked for Sama, a Kenya-based firm contracted to review Facebook content, say they were terminated for their efforts to organize a union and subsequently blacklisted from reapplying for similar roles when Meta changed contractors to Majorel.
Background of the Case
The lawsuit against Meta, Sama, and Majorel began in 2022, after moderators were laid off when Meta transitioned to a new contract with Majorel. The former employees argue that their dismissals were not only unfair but also retaliatory in nature, as they were organizing to form a labor union to address what they described as poor working conditions, including exposure to traumatic content without adequate mental health support.
After the layoffs, the moderators claim that they were blacklisted from reapplying for similar roles at Majorel. The workers alleged that they were discriminated against for their unionization efforts, which they believe was a direct violation of their labor rights. Efforts to resolve the dispute through out-of-court settlements collapsed in October 2023, leaving the legal process as the primary battleground.
Court’s Decision and Implications
The Court of Appeal’s decision not only upheld the Kenyan Labor Court’s ruling from April 2023, which determined that Meta could face trial over the dismissals, but it also confirmed a separate February 2023 ruling that Meta could be sued in Kenya over allegations of poor working conditions. Meta had attempted to challenge both rulings, but the appeal court judges dismissed their efforts.
In their ruling, the judges stated that Meta’s appeal was “devoid of merit” and that the moderators’ case would move forward, setting the stage for a potentially landmark trial. “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 noted in their decision.
The case is being closely watched by legal experts, human rights groups, and tech industry players around the world. It could have far-reaching consequences for Meta, which relies on a vast network of contractors to moderate the content posted on its platforms globally. These moderators review posts that may include graphic and disturbing images or videos, often under stressful conditions. The legal proceedings could set a precedent for how companies like Meta must treat their contracted workers, even in regions outside their primary headquarters.
Reactions and Next Steps
Mercy Mutemi, the lawyer representing the dismissed moderators, called the ruling a significant victory not only for her clients but also for workers involved in Big Tech globally. “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,” Mutemi said.
Foxglove, a British tech rights organization that has supported the case from its inception, echoed these sentiments. Its director, Martha Dark, said, “We are excited the roadblocks are finally gone – and will support the 185 (contractors) every step of the road to the courtroom.”
Meta and Majorel did not immediately respond to the court’s ruling. However, Meta has previously addressed allegations of poor working conditions in Kenya, asserting that it requires all its partners to provide industry-leading standards in terms of workplace environments. Majorel has consistently maintained that it does not comment on active litigation.
Sama, the original contractor, said that it was reviewing the court’s decision and would provide a statement soon. The company, which played a central role in hiring and managing the moderators, will likely be drawn into deeper scrutiny as the case proceeds.
Global Implications
This legal challenge could have lasting consequences for how tech companies structure their labor practices, especially in outsourcing regions where contractors often handle the more grueling aspects of platform management. The case highlights a growing awareness of workers’ rights within Big Tech’s vast supply chains, particularly in developing countries where legal protections have historically been weaker.
As Meta braces for a potentially high-profile trial, it signals a pivotal moment in the relationship between major technology companies and the individuals who handle the labor-intensive work of content moderation—often behind the scenes, yet critical to the operations of global platforms.
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