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Facebook Algorithm Lawsuit Over Ethiopian Violence Heads to Kenyan Court for Jurisdiction Decision

Meta's responsibility for the conduct of former content moderators in Kenya, as determined by the Kenya Supreme Court, could potentially impact the ongoing case in the High Court.

Court in Kenya to Determine Jurisdiction in Lawsuit Over Facebook's Algorithm Implicated in...
Court in Kenya to Determine Jurisdiction in Lawsuit Over Facebook's Algorithm Implicated in Ethiopian Unrest

Facebook Algorithm Lawsuit Over Ethiopian Violence Heads to Kenyan Court for Jurisdiction Decision

The Kenyan High Court will hear a case against Meta, the parent company of Facebook, on Tuesday. The case, brought by two Ethiopian citizens (Abraham Meareg and Fisseha Tekle) and a Kenyan civil society organization (The Katiba Institute), alleges that Meta promoted content that incited ethnic violence and killings during the armed conflict in northern Ethiopia from November 2020 to November 2022.

Fisseha Tekle, an Amnesty International employee, is another plaintiff in the case, facing online threats. Abraham Meareg, one of the plaintiffs, lost his father due to hate posts targeting him on Facebook in November 2021.

The plaintiffs claim that Facebook's algorithms promoted harmful content, contributing to human rights abuses. The Katiba Institute also alleges that the social media giant's algorithms allowed and promoted unlawful content.

The Supreme Court of Kenya has established a precedent 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 could potentially bolster the petitioners' case against Meta in the current High Court case.

However, the High Court may not directly apply the September 20 ruling to the specific facts of the case against Meta. Instead, 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.

Mercy Mutemi of Nzili and Sumbi Advocates represents the two Ethiopian petitioners in the case. The law firm representing Abraham Meareg, Fisseha Tekle, and the Katiba Institute in their legal dispute against Meta is Doughty Street Chambers.

The case against Meta in the High Court could set a significant precedent for holding tech companies accountable for the content they promote on their platforms. As the trial unfolds, the world watches with bated breath, hoping for a fair and just resolution.

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