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Kenyan Court Rules Meta as Primary Employer of Content Moderators Suin Social Media Giant and Its Content Review Partner
A Kenyan court ruled that Meta is the primary employer of content moderators suing the social media giant and its content review partner, Sama, for unlawful dismissal. The moderators claimed that Meta’s new content review partner, Majorel, had blacklisted them on instruction by Meta. Justice Byram Ongaya of Kenya’s employment and labor relations court declared that the moderators did Meta’s work, used its technology for the work, adhered to its performance, and accuracy metrics. Additionally, the court directed that moderators’ contracts be extended and also barred Meta and Sama from laying them off, pending the determination of the case.
Meta Seeks to Recuse Itself from the Case
Meta has sought to distance itself from the petition, stating that it is not the moderators’ employer. The court has watered down the social media giant’s plan to recuse itself from the case.
Moderators’ Job Duties
Moderators, hired from across the continent, including from Ethiopia, Uganda, Somalia and South Africa, sift through social media posts on Meta’s platforms to remove content that perpetrates and perpetuates hate, misinformation, and violence. The moderators allege that Sama fired them illegally after failing to issue them with redundancy notices as required by Kenyan law.
Other Suits Against Meta and Sama
Meta and Sama are facing two other suits in Kenya. South African, Daniel Motaung sued the company for labor and human trafficking, unfair labor relations, union busting, and failure to provide adequate mental health and psychosocial support. Motaung alleges he was laid off for organizing a 2019 strike and trying to unionize Sama’s employees. Ethiopians filed another suit in December last year over claims that the social media giant failed to employ enough safety measures on Facebook, which, in turn, fueled the conflicts that have led to deaths, including the father of one of the petitioners, and 500,000 Ethiopians during the Tigray War.
Conclusion
The ruling by the Kenyan court is a blow to Meta, which has sought to distance itself from the petition saying that it is not the moderators’ employer. As the primary employer, Meta now needs to provide the digital work of content moderation, adhere to performance standards, and pay the moderators’ remuneration.
FAQs
What were the moderators’ allegations against Meta and Sama?
The 184 moderators sued Meta and Sama for wrongful termination. They also claimed that Meta’s new content review partner in Africa, Majorel, had blacklisted them on instruction by Meta.
What did the Kenyan court ruling indicate?
The Kenyan court ruled that Meta is the primary employer of the moderators. The moderators did Meta’s work, used its technology for the work, and adhered to its performance, and accuracy metrics.
What was the court’s directive in relation to the moderators’ contracts?
The court directed that moderators’ contracts be extended and also barred Meta and Sama from laying them off, pending the determination of the case.
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