The High Court has ruled that Facebook’s parent company —Meta—can be sued in Kenya over allegations that its algorithms amplified hate speech that fuelled ethnic violence in Ethiopia.
- •The lawsuit, brought by two Ethiopian researchers—Abrham Meareg and Fisseha Tekle—alongside Katiba Institute, a Kenyan rights group, argues that Facebook’s recommendation system promoted inflammatory posts that contributed to hostilities in the Tigray violence between 2020-2022.
- •The petitioners seek a US$2.4 billion (approximately KSh 310 billion) from the tech corporation as “restitution fund” for victims of hate and violence allegedly spread on Facebook.
- •Meta had sought to dismiss the case, arguing that Kenyan courts lacked jurisdiction since the company is not registered in the country.
Abrham Meareg claims that his father, a University Professor at Bahir Dar University in northern Ethiopia, was killed after being targeted in Facebook posts that called for violence against him.
Human rights activists have welcomed the decision, citing it as a pathway to justice for victims of corporate irresponsibility. They have also supported the move to coerce Facebook’s investment in recruiting more content moderators, who will remove posts that incite violence, as well as propagate death threats and doxing.
“The ruling shows that the harmful impact of big tech’s discriminatory policies in the African context can be rightfully challenged in our own Kenyan courts. It sends an important message re Facebook and other platforms in this space,” said Nora Mbagathi, Executive Director at the Katiba Institute.
Amnesty International also supported the ruling, challenging the modus operandi of giant tech companies perceiving jurisdictions outside US and Europe as mere markets where profits can be made, ignoring the need for the preservation of human rights.
“Today’s ruling is a positive step towards holding big tech companies accountable for contributing to human rights abuses. It paves the way for justice and serves notice to big tech platforms that the era of impunity is over,” Mandi Mudarikwa, Head of Strategic Litigation at Amnesty International, said.
This marks the third lawsuit Meta is facing in Kenya. The company has also been sued by content moderators who allege they faced poor working conditions and retaliation for attempting to organize a union. Meta has not given any statement in regard to the decision.
