Courts across Africa are beginning to challenge the long-standing legal protections enjoyed by global technology companies, signalling a growing willingness to hold social media platforms responsible for the harms caused by violent and hateful content. This shift could pave the way for stronger platform accountability on the continent especially in cases where online content leads to real-world violence.
A recent groundbreaking decision by the Human Rights Court in Kenya has become a key example of this emerging trend. In April 2025, the court ruled that it has the jurisdiction to hear a case involving harmful content on Facebook, a major platform operated by Meta. The lawsuit challenges whether the company’s algorithm and moderation practices contributed to violence and human rights violations, and whether the constitutional rights of users were ignored for the sake of profit and engagement.
Digital civil rights attorney Mercy Mutemi recently on Aljazeera, welcomed the decision, noting that the Kenyan Constitution prohibits speech that promotes war, incites violence or spreads hate, and that platforms operating in Kenya must respect these standards. The court’s ruling effectively signals that tech companies, even those headquartered abroad, can be brought under local legal scrutiny if their platforms contribute to harm within the country.
This development marks a clear shift from the legal norms seen in regions like the United States, where Section 230 of the Communications Decency Act provides sweeping immunity to tech companies for content posted by users. In contrast, Africa’s constitutional frameworks prioritize human dignity, safety and social justice — and courts are increasingly interpreting those values in the context of digital environments.
At the center of the Kenyan case is the question of whether a corporation can financially benefit from content that violates constitutional protections, while evading responsibility for the harm it causes. Mutemi argues that constitutional and human rights law offer victims a legitimate path to justice, especially where platform self-regulation has failed.
The ruling has sparked cautious optimism among digital rights advocates across Africa, who view it as a significant step toward challenging what some call “platform impunity.” By allowing the case to proceed, the Kenyan court has laid the groundwork for a deeper examination of how algorithmic systems and corporate decisions contribute to violence and discrimination.
Many believe this could set an important precedent for other jurisdictions on the continent. Legal experts say that if African courts continue down this path, they could help shape new global standards for platform accountability based not on commercial interests but on constitutional responsibilities and the protection of human rights.
As the lawsuit advances through the Kenyan judiciary, it will be watched closely across the region. For many victims of online harm in Africa by big tech’s, the ability to seek justice locally rather than relying on courts in Europe or the U.S. offers renewed hope. The progress of this case signals a potentially transformative moment — one in which African courts may lead the way in demanding that social media companies uphold human rights and accountability in the digital age.