In September 2024, the Nairobi Court of Appeal made a big decision. They ruled that two cases involving 185 former Facebook and Instagram content moderators against Meta could move to trial. These cases focus on alleged poor working conditions and mass firings.
This outcome marks the end of an 18-month struggle between the moderators and Meta. The tech giant had argued that Kenyan courts had no authority over the issues presented. However, the Court of Appeal rejected Meta’s previous appeals and determined that the cases would proceed.
Daniel Motaung, one of the former moderators, claims Meta exploited him and his colleagues, severely impacting their mental health. He tried to organize a union for workers, but this effort was shut down, and he along with 185 other colleagues was unlawfully fired in what they describe as a blatant union-busting move by Meta.
After their firings, the moderators discovered that Meta planned to change outsourcing companies, effectively barring them from returning to their jobs. In response, they launched a second case regarding their mass firings. Fortunately for them, the Court of Appeal ruled that both cases could officially go ahead in Kenya.
The workers seek financial compensation and improvements in their working conditions. They want the right to speak out about poor conditions, join a trade union, and establish a mental health support system in Kenya similar to what employees receive at Meta’s headquarters in Menlo Park and Dublin.
Kauna Malgwi, representing one of the 185 former moderators and chairperson of the African Content Moderators Union, expressed her excitement about the court’s decision. She has dealt with many disturbing images and videos as part of her work and credited the long wait for justice to Meta’s attempts to delay the process.
She highlighted the immense pressure on content moderators, saying Meta used various tactics to stifle the case, employing lawyers to create delays and offering empty mediation attempts.
This isn’t the first time content moderators in Africa have fought back against big tech companies. The formation of the African Content Moderators Union, started by 150 African AI workers, signifies a major push for better working conditions. The union’s efforts included a significant court victory in 2023, compelling Meta to provide proper medical and mental health care. In Colombia, another similar case saw Teleperformance grant its workers the right to unionize.
The exploitation of content moderators in developing countries follows a distressing trend among multinational corporations that prioritize low labor costs. Nairobi has become a hub for AI outsourcing due to its educated population and high unemployment rates. Companies like Sama provide jobs that pay between $1.32 and $2 an hour for demanding work like reviewing graphic content.
Many argue that the work content moderators do should be recognized as essential. Mary L. Gray, a senior researcher, emphasizes the need to treat this type of work seriously, advocating for fair hours, decent working conditions, and the right to unionize.
James Oyange, a former TikTok moderator, also notes the shared struggles across various platforms, underscoring the united front against poor mental health support and a lack of recognition for their contributions.
The Court of Appeal’s decision could be a turning point. Martha Dark from Foxglove pointed out that despite Meta’s immense resources, the company could be held accountable. The wider awareness of these workers’ conditions is crucial for future changes.
Adio Dinika from the Distributed Artificial Intelligence Research Institute stressed the need for ongoing public awareness and systemic changes in the content moderation industry. This ruling has the potential to catalyze improvements in working conditions and mental health support for content moderators.
Kauna Malgwi highlights the importance of collective action against powerful companies like Meta, reminding us of the common struggles workers face. The fight against exploitation continues, and the anticipation of confronting Meta in court is palpable. Dark adds that Meta’s fear of these charges indicates the truth behind the claims being made. The company is running out of maneuvers, and the upcoming trial looms large.