Kenyan high court hears case against Meta over social media giant's role in fomenting ethnic violence

By bne IntelliNews September 26, 2024

The Kenyan High Court is currently hearing a pivotal case that could redefine the accountability of social media platforms in conflict zones, Apo Group reported on September 24.

Ethiopian citizens Abrham Meareg and Fisseha Tekle, along with The Katiba Institute, a Kenyan civil society organization, are suing Meta Platforms, Inc., the parent company of Facebook, WhatsApp, and Instagram, among others, for allegedly promoting content that incited ethnic violence during the conflict in northern Ethiopia from November 2020 to November 2022.

This case highlights a crucial moment in the intersection of technology and human rights, as it addresses the role of digital platforms in facilitating real-world harm.

The implications of this case are profound, particularly as it highlights increasing scrutiny over how tech companies manage harmful content, especially in areas prone to violence. The outcome could set a precedent for how multinational corporations are held accountable for their influence on public discourse and societal stability.

The involvement of Amnesty International and other human rights organisations signals a broader movement advocating for corporate responsibility in safeguarding human rights, the Nation newspaper reported on September 21.

The petitioners argue that Meta’s algorithms amplified inciteful and dangerous content, contributing to serious human rights violations. Meareg’s father, a university professor, was killed in 2021 shortly after being targeted online, and the family claims that Meta's response to reports of hate speech came too late. Tekle, now living in Kenya for safety reasons, highlights the global ramifications of the hate spread via Facebook, Amnesty International announced on September 24.

Meta’s legal representatives assert that the case should be dismissed on jurisdictional grounds, stating that the company is registered in the United States and that the alleged violations occurred in Ethiopia. In contrast, the petitioners contend that the moderation of Ethiopian content was based in Kenya, providing a basis for the case to be heard in Kenyan courts.

Meta is facing two lawsuits in Kenya. The first, filed by content moderator Daniel Motaung, claims that Facebook exploited him and his colleagues, resulting in significant mental health issues. The second involves 185 moderators challenging the termination of their employment contracts, the Indian Express reported on September 25.

The lawsuit seeks to compel Meta to change its content moderation practices and establish a $1.6bn victims' fund. The court's decision on jurisdiction will not only impact the petitioners but could also influence how tech giants are held accountable in similar scenarios worldwide.

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