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Facebook can be sued, rules Kenyan labour court

Published - February 06, 2023 05:05 pm IST - Nairobi

Following the judge's decision that Meta can be sued in Kenya, the next step in case will be considered by the court on March 8.

An illustration photo shows the Facebook page displayed on a mobile phone internet browser held in front of a computer screen at a cyber-cafe in downtown Nairobi, Kenya. | Photo Credit: Reuters

A judge in Kenya has ruled that Facebook's parent company, Meta, can be sued in the East African country.

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Meta tried to have the case dropped, arguing that Kenyan courts do not have jurisdiction over their operations, but the labour court judge dismissed that in a ruling on February 6. A former Facebook moderator in Kenya, Daniel Motaung, is suing the company claiming poor working conditions.

Mr. Motaung said that while working as a moderator he was exposed to gruesome content such as rape, torture and beheadings that risked his and colleagues' mental health. He said Meta did not offer mental health support to employees, required unreasonably long working hours, and offered minimal pay.

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Mr. Motaung worked in Facebook's African hub in Kenya's capital, Nairobi, which is operated by Samasource Limited. Following the judge's decision that Meta can be sued in Kenya, the next step in case will be considered by the court on March 8.

Meta is facing a separate court case in which two Ethiopians say hate speech was allowed and even promoted on Facebook amid heated rhetoric over their country's deadly Tigray conflict.

That lawsuit alleges that Meta hasn't hired enough content moderators to adequately monitor posts, that it uses an algorithm that prioritises hateful content, and that it responds more slowly to crises in Africa than elsewhere in the world.

The Associated Press and more than a dozen other media outlets last year reported that Facebook had failed to quickly and effectively moderate hate speech in several places around the world, including in Ethiopia.

The reports were based on internal Facebook documents leaked by former employee and whistleblower Frances Haugen.

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