Two lawsuits in Kenya are seeking to establish a new legal precedent by holding a Big Tech company accountable for alleged human rights violations at an outsourcing company working on its behalf. The lawsuits revolve around a Meta content moderation facility in Nairobi, where workers hired by a contractor were reportedly paid as little as $1.50 per hour to view disturbing content. Despite being contracted by a third party, the suits argue that Meta was heavily involved in supervising the work and setting the terms for it. Both Meta and the outsourcing company, Sama, deny any wrongdoing, but a court ruled in September that the cases could proceed to trial unless the Kenyan Supreme Court intervenes.
If successful, these lawsuits could establish a new legal precedent in Kenya, making Big Tech companies legally liable for abuses that occur in subcontracted facilities. Proponents argue that this would improve workers’ rights and prevent exploitative practices in the country’s growing data labeling sector, which is experiencing increased demand for AI training data. However, opponents fear that such a decision could discourage foreign companies from doing business in Kenya, potentially leading to job losses and hindering economic development.
The significance of these cases is underscored by the involvement of Kenya’s president, William Ruto, who has expressed support for the legal battle against Big Tech companies. The outcome of these lawsuits could have far-reaching implications for the tech industry in Kenya and beyond, setting a precedent for how companies are held accountable for abuses in their subcontracted facilities. Meta has declined to comment on the ongoing litigation, while Sama has refuted the allegations against them, calling them inaccurate and disappointing.
The legal battle highlights the challenges and complexities of holding multinational corporations accountable for labor abuses in their supply chains. It also raises questions about the responsibility of Big Tech companies to ensure fair and ethical working conditions for employees at subcontracted facilities. The outcome of these lawsuits will not only impact the tech industry in Kenya but could also set a precedent for similar cases in other countries where Big Tech companies outsource digital work. As the cases move forward, they are being closely watched by advocates for workers’ rights and corporate accountability.
