In April 2025, the Human Rights Court in Kenya issued an unprecedented ruling that it has the jurisdiction to hear a case about harmful content on one of Meta’s platforms. The lawsuit was filed in 2022 by Abraham Meareg, the son of an Ethiopian academic who was murdered after he was doxxed and threatened on Facebook, Fisseha Tekle, an Ethiopian human rights activist, who was also doxxed and threatened on Facebook, and Katiba Institute, a Kenyan non-profit that defends constitutionalism. They maintain that Facebook’s algorithm design and its content moderation decisions made in Kenya resulted in harm done to two of the claimants, fuelled the conflict in Ethiopia and led to widespread human rights violations within and outside Kenya.The content in question falls outside the protected categories of speech under Article 33 of the Constitution of Kenya and includes propaganda for war, incitement to violence, hate speech and advocacy of hatred that constitutes ethnic incitement, vilification of others, incitement to cause harm and discrimination.Key to the Kenyan case is the question whether Meta, a US-based corporation, can financially benefit from unconstitutional content and whether there is a positive duty on the corporation to take down unconstitutional content that also violates its Community Sta …
