Meta is being sued by dozens of former content moderators employed by Facebook contractor Sama. They accuse the two companies of “wrongful dismissal” and “anti-union” maneuvers. But Facebook claims that Kenyan justice is not competent to judge this case. This is what his lawyers pleaded during a hearing in Nairobi on Thursday.
The legal battle between Meta, Facebook’s parent company, and the Kenyan justice system has intensified as the company attempts to evade accountability for the actions of its subcontractor, Sama. Despite allegations of wrongdoing, Meta’s lawyers are arguing that Facebook is not registered as a business in Kenya and does not operate within the country’s borders, therefore making it exempt from legal action.
For their part, the moderators intend to demonstrate that despite this scheme of subcontracting, it is indeed Facebook that, according to them, sets the conditions of their working relationship and that, as such, the web giant is therefore indeed responsible. They also rely on a decision handed down at the beginning of the year by the Kenyan courts in another procedure. The one launched by former moderator Daniel Motaung who accuses Facebook of having “exploited it. »
Facebook’s jurisdictional dispute with the Kenyan justice system continues, as the company’s arguments were dismissed in February and an appeal is currently pending. During Thursday’s hearing, numerous former moderators, who are among the plaintiffs, were in attendance. One former moderator even interrupted the proceedings to request the association with the complaint. Originally comprising 43 individuals, the number of complainants has now risen to 184. This development has attracted significant attention and sparked further discussion about the accountability of tech companies operating in foreign jurisdictions.
The judge has promised to deliver his decision on whether the Court has jurisdiction to judge this case against Facebook on Thursday, April 20th, a week from now. In total, Meta is the subject of 3 lawsuits, including one filed by two Ethiopians and a researcher claiming that during the war in Tigray, Facebook failed to filter hate speech, and sometimes even encouraged it, thus helping to inflame the conflict.