The Nairobi High Court has ruled that Meta, the parent company of Facebook and Instagram, must face legal action from over 180 former content moderators and data labellers. The plaintiffs have accused Meta of poor working conditions, negative mental health impacts, and unfair pay practices.
Despite Meta’s claims that Kenyan courts lack jurisdiction over the American company, the court has determined that the cases should proceed to trial, marking a significant step in the ongoing battle for workers’ rights in the tech industry.
In September 2024, the Nairobi Court of Appeal ruled in favor of the moderators, allowing two cases—one concerning poor working conditions and the other related to mass firings—to move forward. This decision followed an 18-month struggle, during which Meta attempted to challenge the jurisdiction of Kenyan courts.
Despite the company’s efforts to delay proceedings, the High Court’s latest ruling means that the moderators will have their day in court.
The legal action was spearheaded by Daniel Motaung, a former Facebook content moderator, who claims that Meta exploited him and his colleagues, leading to detrimental mental health outcomes.
Motaung organized a union to address these grievances, but his efforts were met with retaliation from Meta, resulting in his unlawful termination along with 185 other workers. This action reflects broader concerns about labor rights in the tech sector, particularly regarding the treatment of outsourced workers.
Nairobi Court Allows Legal Action Against Meta by Content Moderators Over Poor Working Conditions and Mental Health Impact
Following the mass firings, it was revealed that Meta intended to change outsourcing companies in its Nairobi hub, effectively blacklisting the affected workers from re-employment. In response, the moderators initiated a second lawsuit.
Their demands include not only compensation for lost wages but also significant improvements in working conditions, the right to unionize, and mental health support similar to what is provided to employees at Meta’s headquarters.
The ruling has brought renewed hope to content moderators, who see it as a chance for justice against corporate exploitation. Kauna Malgwi, one of the plaintiffs and chairperson of the African Content Moderators Union, expressed her eagerness to confront Meta in court after a prolonged struggle.
She emphasized the emotional toll the work has taken, particularly given the nature of the content moderated, which includes graphic and distressing material.
This legal battle is part of a larger movement among content moderators in Africa and beyond, aimed at holding major tech companies accountable for labor practices. The formation of unions, such as the African Content Moderators Union, has been a crucial step in advocating for better conditions. Recent victories, including a court order requiring Meta to provide adequate mental health support, suggest a growing momentum in the fight for workers’ rights in the tech sector.
The exploitative conditions faced by content moderators are reflective of a wider trend among multinational corporations seeking cheap labor in the Global South. Nairobi has become a hub for AI outsourcing, where many educated youth find work, often under poor conditions.
Reports indicate that some companies pay workers extremely low wages to perform critical content moderation tasks, leading to calls for a reevaluation of how such work is valued.
Experts argue that recognizing content moderation as essential labor is crucial for improving working conditions. Advocates emphasize the need for better mental health support, fair compensation, and the right to collective bargaining. The recent ruling in Nairobi could serve as a catalyst for change, potentially influencing how tech companies approach labor relations globally.
The legal victory for the content moderators serves as a wake-up call for the tech industry. It underscores the importance of accountability and the need for public awareness regarding the conditions of those who help maintain digital platforms.
As the case unfolds, it could lead to significant reforms in the treatment of content moderators and inspire similar actions in other regions, reinforcing the power of collective action against corporate exploitation.
