A judge in Kenya has ruled that Facebook’s parent company, Meta, can be sued in the East African country.
Meta tried to have the case dropped, arguing that Kenyan courts do not have jurisdiction over their operations, but the labor court judge dismissed that in a ruling on Monday, 6 February 2023.
A former Facebook moderator in Kenya, Daniel Motaung, is suing the company claiming poor working conditions.
Motaung said that while working as a moderator he was exposed to gruesome content such as rape, torture, and beheadings that risked his and his colleagues’ mental health.
He said Meta did not offer mental health support to employees, required unreasonably long working hours, and offered minimal pay. Motaung worked in Facebook’s African hub in Kenya’s capital, Nairobi, which is operated by Samasource Ltd.
Following the judge’s decision that Meta can be sued in Kenya, the next step in the case will be considered by the court on Mar. 8.
Amnesty International Kenya Executive Director Irungu Houghton termed the ruling as “historic.”
“This is a significant step that ensures the authority of Kenyan courts to protect and enforce fundamental human rights … The social media platforms have serious impacts on people’s lives and societies. They must be more accountable,” he said in a statement.
Meta is facing a separate court case in which two Ethiopians say hate speech was allowed and even promoted on Facebook amid heated rhetoric over their country’s deadly Tigray conflict.
That lawsuit alleges that Meta hasn’t hired enough content moderators to adequately monitor posts, that it uses an algorithm that prioritizes hateful content, and that it responds more slowly to crises in Africa than elsewhere in the world.
The Associated Press and more than a dozen other media outlets last year reported that Facebook had failed to quickly and effectively moderate hate speech in several places around the world, including in Ethiopia. The reports were based on internal Facebook documents leaked by former employee and whistleblower Frances Haugen.