Kenya: Legal battles against Meta are uniting content moderators across borders in the fight for fair working conditions
"Silicon Savanna: The workers taking on Africa's digital sweatshops", 11 October 2023
...The world’s biggest tech companies today have more power and money than many governments. This story offers a deep dive on court battles in Kenya that could jeopardize the outsourcing model upon which Meta has built its global empire...
...The cases against Meta are unprecedented. According to Amnesty International, it is the “first time that Meta Platforms Inc will be significantly subjected to a court of law in the global south.”...Meta did not respond to requests for comment about moderators’ working conditions and pay in Kenya. In an emailed statement, a spokesperson for Sama said the company cannot comment on ongoing litigation but is “pleased to be in mediation” and believes “it is in the best interest of all parties to come to an amicable resolution.”...
...What happens if the workers actually win?
Foxglove, the nonprofit supporting the moderators’ legal challenge against Meta, writes that the outcome of the case could disrupt the global content moderation outsourcing model. If the court finds that Meta is the “‘true employer’ of their content moderators in the eyes of the law,” Foxglove argues, “then they cannot hide behind middlemen like Sama or Majorel. It will be their responsibility, at last, to value and protect the workers who protect social media — and who have made tech executives their billions.”...
...In Kenya, the workers involved in the lawsuit and union face practical challenges. Some, like Mojez, are unemployed and running out of money. Others are migrant workers from elsewhere on the continent who may not be able to stay in Kenya for the duration of the lawsuit or union fight.
The Moderator’s Union is not yet registered with Kenya’s labor office, but if it becomes official, its members intend to push for better conditions for moderators working across platforms in Kenya, including higher salaries and more psychological support for the trauma endured on the job. And their ambitions extend far beyond Kenya. The network hopes to inspire similar actions in other countries’ content moderation hubs. According to Martha Dark, Foxglove’s co-founder and director, the industry’s working conditions have spawned a cross-border, cross-company organizing effort, drawing employees from Africa, Europe and the U.S.
“There are content moderators that are coming together from Poland, America, Kenya, and Germany talking about what the challenges are that they experience when trying to organize in the context of working for Big Tech companies like Facebook and TikTok,” she explained...