Facebook’s parent company Meta is currently facing a lawsuit in Kenya, where the social media platform is accused of exploitation and poor working conditions. Meta has requested that the local employment and labour relations court dismiss the case, stating that it has no jurisdiction over it because the company is neither based in nor trades in Kenya.
The lawsuit was filed by 43 moderators who were unlawfully dismissed from Facebook’s moderation center in Kenya. They claim that they were treated poorly while working for Facebook, and that the platform and outsourcing company Sama attempted to terminate their contracts unfairly. The moderators were among over 260 who were fired in January by Sama, which has operated the office since 2019.
One of the claims made by the moderators is that they were discriminated against when they attempted to seek alternative employment as Facebook moderators through another outsourcing firm, Majorel. The moderators allege that Majorel refused to engage with them because they had previously worked for Sama, which they say violates their right to work and apply for equal opportunities.
According to Mercy Mutemi, the lawyer representing former content moderators at Sama, the central issue of the case is the treatment of the moderators while they were working for Facebook, as well as the process used by Facebook and Sama to terminate their contracts. This is the crux of the matter in this particular case, as highlighted after the court session held in Nairobi on Wednesday.
This is not the first time that Facebook has been involved in controversy in Kenya. In December 2022, Meta was accused of fueling online ethnic hatred and violence in Kenya and Ethiopia. A $1.6 billion fund has been called for to compensate victims, while legal proceedings are still ongoing.
According to Mercy Mutemi, the lawyer representing former content moderators at Sama, the central issue of the case is the treatment of the moderators while they were working for Facebook, as well as the process used by Facebook and Sama to terminate their contracts.
The lawsuit against Meta highlights the ongoing debate over the working conditions of social media content moderators, who are often outsourced by large tech companies to third-party firms. It also emphasises the need for global companies to ensure that their operations and practices are transparent and accountable, even when they operate in countries where labour laws are weaker or less strictly enforced.
