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Meta, the parent company of Facebook, Instagram, and WhatsApp, is now facing two legal cases in Kenya. In one case, an ex-moderator working for Sama sued the social media giant for being exposed to disturbing content.

In another, 187 former Sama moderators claim they were unfairly dismissed and are seeking a collective $1.6 billion in compensation.

Kenya’s Court of Appeal recently upheld an Employment Court ruling, allowing the 187 Facebook content moderators to sue Meta. This ruling implies that Meta can be held accountable for the treatment of its content moderators in Kenya, raising the possibility of a settlement after negotiations stalled last October.

Mercy Mutemi, the advocate representing the ex-Sama Facebook moderators, confirmed the court’s decision, stating, “The cases by the content moderators against Meta, Sama, and Majorel can now proceed. Facebook had argued that it was a foreign company that couldn’t be sued in Kenya.”

The appeal was decided by Judges D.K. Musinga, Asike-Makhandia, and J. Mativo, who ruled that the main dispute concerning unfair dismissal remains unresolved. Should a settlement not be reached, the case will proceed to trial.

The moderators argue they were laid off after attempting to unionize, despite Sama’s claim of having no objections to union representation. They also expressed that their monthly wage of KES 60,000 was insufficient for the psychological toll of moderating distressing content.

“Whether or not the redundancy was lawful is a matter for determination during the hearing. We say no more,” the judges said.

Both Sama and Majorel have since exited the content moderation business for Meta. Sama has shifted its focus to artificial labeling, while Majorel laid off over 200 employees after failing to renew its contract with Meta in 2023.

The outcome of this case could set a significant precedent for content moderation labor practices in Kenya and beyond.