A court in Kenya has instructed Meta, the parent company of Facebook, and content moderators who are suing the company to resolve their dispute. The content moderators dragged Meta to court for unfair dismissal. According to the court reports, Meta and the content moderators have been asked to resolve their dispute out-of-court within 21 days.
The lawsuit involves 184 content moderators who are taking legal action against the company and two of its subcontractors. They alleged that they lost their jobs with one of the subcontracting firms, Sama because they were involved in organizing a union. Following this, the plaintiffs claimed that they were put on a blacklist, preventing them from applying for similar positions at the second subcontracting firm, Majorel, which is based in Luxembourg. This situation occurred after Facebook switched its contracting arrangements.
The court’s order to Meta and content moderators
The court’s order aims to encourage a resolution between the parties without going through a formal trial, offering an opportunity for both sides to find an agreement outside of the courtroom.
The Employment and Labour Relations Court has mandated that the involved parties in the petition should work towards settling outside of the courtroom through a process known as mediation. The order, which has been endorsed by legal representatives of the plaintiffs on one hand, and the representatives of Meta, Sama, and Majorel on the other, outlined that both sides are expected to engage in discussions to resolve the dispute without a formal trial.
In this case, the mediation will be overseen by two individuals: Willy Mutunga, Kenya’s former chief justice, and Hellen Apiyo, the acting commissioner for labour. They will facilitate discussions and negotiations between the parties to help them arrive at a mutually agreeable resolution. The court order specified that the parties have a timeframe of 21 days to attempt mediation. If they are unable to resolve within this period, the case will then proceed before the court for further adjudication, potentially leading to a formal trial.
However, Meta, Sama, and Majorel have not provided immediate responses to requests for comments on the matter.
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Meta’s legal challenges in Kenya
In April, a judge made a ruling that allowed the moderators in Kenya to proceed with their lawsuit against Meta, even though Meta does not have an official presence in Kenya.
The outcome of this particular case could potentially impact how the company engages with content moderators on a global scale. The company collaborates with numerous moderators worldwide who are responsible for reviewing graphic content posted on its platform. The outcome of this case might influence Meta’s approach to working with content moderators in various locations.
Meta also finds itself embroiled in similar lawsuits across the continent. One case involves a former moderator who has sued the company, alleging poor working conditions while employed at Sama, one of its subcontractors. Another set of lawsuits includes actions by two Ethiopian researchers and a rights institute. They accused Facebook’s parent company of allowing violent and hateful content from Ethiopia to be proliferated on the Facebook platform.
Meta has responded to these legal actions in these two instances. In May 2022, in response to the case regarding poor working conditions, the big tech company stated that it mandates its partners to offer industry-leading working conditions to their employees. In the case involving the promotion of hate speech and incitement to violence from Ethiopia, Meta responded in December, emphasizing that such content goes against the rules of both Facebook and Instagram. It also implied that the company took measures to address and prevent it.
These legal actions and Meta’s responses highlight the challenges that social media platforms face in managing content and working conditions on a global scale and the impact that local legal proceedings can have on their operations and policies.
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