The court’s decision could have significant implications for the employment rights of content moderators, who often work under challenging conditions, including exposure to disturbing content
In a significant setback for Meta, formerly known as Facebook, the Employment and Labour Court has ruled that the social media giant is the primary employer of content moderators in Kenya. The decision came in response to a lawsuit filed by 184 moderators who accused Meta and its content review partner in Africa, Sama, of unlawful dismissal. The moderators also alleged that Meta’s new content review partner on the continent, Majorel, had blacklisted them under instruction from Meta.
The ruling obtained by Nairobi Law Monthly sheds light on the employment dynamics within Meta’s content moderation operations. Justice Byram Ongaya of Kenya’s employment and Labour relations court halted Meta’s attempts to distance itself from the case.Â
The court was categorical that the moderators performed work on behalf of Meta, utilizing its technology and adhering to its performance and accuracy metrics, and declared that Sama was a mere agent or manager, contrary to Sama’s claim of being a client of Meta.
“The evidence is that the obligation to provide the digital work of content moderation belongs to the first and second respondents, who provided the digital or virtual workspace for the applicants. The first and second respondents exercise control by imposing the operational requirements and standards of performance,” the court ruled .
The court’s decision could have significant implications for the employment rights of content moderators, who often work under challenging conditions and face exposure to disturbing and harmful content. The ruling directly identifies Meta Platforms Inc and Meta Platforms Ireland Limited as the primary and principal employers of the content moderators, rejecting attempts to shift responsibility to Sama.
In addition, the court issued several directives in favour of the moderators. It ordered that the moderators’ contracts be extended and prohibited both Meta and Sama from making any further redundancies until the case is resolved. The court found no justifiable grounds for the layoffs and recognized that the demand for content moderation work remained. As a result, the moderators will continue their work under prevailing or better terms during the interim period.
This ruling serves as a reminder of the ongoing scrutiny faced by major tech companies regarding their treatment of content moderators and their responsibility as employers. The case highlights the importance of ensuring fair and ethical practices within the digital workspace, particularly in the realm of content moderation.
Meta has not yet commented on the court’s ruling. It remains to be seen how the social media giant will respond to this blow, which could potentially impact its operations and employment practices not only in Kenya but also in other jurisdictions. As the case progresses, observers will be closely watching for any broader implications and potential ripple effects on the employment landscape within the tech industry.
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