In a significant legal decision, a Kenyan court has ruled that Meta, Facebook's parent company, can be sued in Kenya over the dismissal of content moderators and alleged poor working conditions at Sama, a Kenya-based contractor responsible for moderating content on Facebook. The Court of Appeal upheld a prior decision made by a Kenyan labor court in April 2023, which stated that Meta could face trial over the controversial layoffs. The court dismissed Meta’s appeal, with the judges stating, “The upshot of our findings is that the appellants’ (Meta’s) appeals are devoid of merit, and both appeals are hereby dismissed with costs to the respondents.” The case stems from a lawsuit brought by former moderators who were laid off by Sama in March 2023 when Meta ended its contract with the firm. The workers claim they were dismissed after attempting to form a union and were blacklisted from applying for similar roles at Majorel, another content moderation contractor for Facebook. Meta argued that it should not be held accountable in Kenya, as the company is not incorporated there and had outsourced moderation work to Sama. However, the court’s decision has paved the way for Meta to be held liable in Kenyan courts for the working conditions of contractors. Earlier this year, the court ordered the parties to pursue mediation within 21 days, overseen by Kenya’s former Chief Justice Willy Mutunga and the Acting Commissioner for Labour, Hellen Apiyo. If no resolution is reached, the case will proceed to trial. Meta is also facing other legal challenges related to content moderation across Africa, including lawsuits alleging poor working conditions at Sama and claims that Facebook allowed the spread of violent content in Ethiopia. Meta has responded by emphasizing its commitment to industry-leading working conditions and its efforts to prevent harmful content on its platforms. The outcome of these cases could have far-reaching implications for how Meta engages with content moderators and manages its global operations moving forward.
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