A Kenyan court has ruled that Facebook’s parent company Meta can be sued in Kenya over its alleged role in promoting content that contributed to ethnic violence in neighboring Ethiopia. The ruling, which pertains to hate speech on the platform during the 2020-2022 Tigray conflict in northern Ethiopia, could set a precedent for how Meta addresses content moderation worldwide.
Meta had argued that local courts lacked jurisdiction over cases involving the company, which is not registered in Kenya. However, the Kenyan High Court dismissed this argument on Thursday, with the Katiba Institute, one of the plaintiffs in the case, welcoming the decision. The case also involves two Ethiopian researchers.
“The court has decided to tackle an important global issue, acknowledging that local matters must be addressed within our legal system,” said Nora Mbagathi, Executive Director of the Katiba Institute.
The plaintiffs allege that Facebook’s recommendation algorithm amplified harmful content during the Tigray war, leading to real-world violence. One plaintiff, Abrham Meareg, claims his father was killed in 2021 due to threatening posts on Facebook, while Fisseha Tekle, an Amnesty International researcher, says he faced online hate for his human rights work in Ethiopia.
The plaintiffs are calling for Meta to create a restitution fund for victims of hate and violence and to change Facebookâs algorithm to prevent the promotion of harmful content.
Meta has previously stated that it invests heavily in content moderation and works to remove hateful material from its platform. The case in Kenya is the third lawsuit the company faces in the country. Meta also faces legal action from local content moderators who allege poor working conditions and retaliation for attempting to form a union.
In January, Meta announced it would scale back its U.S. fact-checking program and stop proactively scanning for hate speech, opting to review reported posts instead.
