Court in Kenya to Determine Jurisdiction in Facebook Algorithm Case Connected to Ethiopian Violence Outbreak

Meta Faces High Court Case Over Alleged Promotion of Harmful Content

Meta, the parent company of Facebook, is set to face a High Court case in Kenya on an unspecified date in the future. The case, brought by two Ethiopian citizens, Abraham Meareg and Fisseha Tekle, and a Kenyan civil society organization, The Katiba Institute, alleges that Meta's algorithms promoted harmful content, contributing to human rights abuses.

The allegations concern the period from November 2020 to November 2022, during which time Meta is accused of promoting content that incited ethnic violence and killings during the armed conflict in northern Ethiopia. Abraham Meareg, one of the plaintiffs, lost his father due to hate posts targeting him on Facebook in November 2021. Fisseha Tekle, another plaintiff, is an Amnesty International employee facing online threats.

The High Court will consider arguments regarding its jurisdiction to consider a case challenging Facebook's algorithm for allowing and promoting unlawful content. The court will need to consider the unique circumstances of the case, including the nature of the alleged human rights violations and the role that Meta's algorithmic recommendation systems played in promoting harmful content.

The Kenyan Supreme Court established a precedent on September 20, determining that foreign companies like Meta can be held accountable for their actions in Kenya, even when those actions are conducted through third-party contractors. This precedent may bolster the petitioners' case against Meta in the High Court.

A human rights advocate explained to TechCabal the role of Meta's algorithmic recommendation systems in promoting harmful content in the context of the case. However, the judge hearing the case at the Kenyan Supreme Court on Wednesday has not been publicly disclosed.

Mercy Mutemi of Nzili and Sumbi Advocates represents Abraham Meareg and Fisseha Tekle in the High Court case. The High Court case against Meta is still ongoing, and the outcome remains to be seen. It is important to note that the High Court case against Meta is not directly affected by the ruling of the Kenyan Supreme Court, as it will need to consider the specific facts of the case.

Court in Kenya to Determine Jurisdiction in Facebook Algorithm Case Connected to Ethiopian Violence Outbreak