Meta's head of public policy could face jail time in South Africa for withholding user data
The case involves explicit content of school children shared on WhatsApp and Instagram.
Meta's legal team has been working overtime in Africa. The company is still in the thick of things in Nigeria –even going as far as to threaten to shut down its services there–and now, things have taken a sharp turn south in South Africa.
In the Southern African country, Meta is now staring down a contempt of court charge tied to a rather disturbing case.
A South African law firm, The Digital Law Company, has accused Meta of failing to hand over crucial user data connected to explicit content involving local school children. The content allegedly circulated via WhatsApp and Instagram. A Johannesburg court had earlier ordered Meta to not only take down the accounts spreading this material, but also provide identifying details like names, emails, and phone numbers of the perpetrators.
While Meta did take down some accounts, new ones allegedly kept appearing. Now, the firm is pushing for the court to jail Thabo Makenete, Meta’s Head of Public Policy for Southern Africa, if the company doesn't fully comply.
Oyinebiladou Omemu
To be clear, this isn’t just about ignoring spam accounts. Emma Sadleir, founder of The Digital Law Company, emphasised the horrifying nature of the content in question, with over a thousand explicit posts across more than 30 accounts, all targeting minors. It appeared to be a coordinated attempt to shame children, not even extort them, which makes the lack of accountability even more urgent.
Meta's stance is that it removed all offending accounts it could find and submitted reports to U.S. authorities, such as the National Centre for Missing and Exploited Children, claiming it's cooperating with law enforcement. However, the Digital Law Company argues this isn't enough, alleging Meta hasn't shared the critical data needed to trace and prosecute those behind the accounts.
It’s unclear if, or why, the company hasn’t disclosed that information yet. Some legal back-and-forth suggests that Meta’s local legal team argued the court order was addressed to the wrong entity, Facebook South Africa, which has no jurisdiction over issues like this, instead of Meta itself. The law firm, however, insists they targeted the correct entities.
Unless something changes quickly, this standoff could lead to a 30-day jail stint for Makenete or his release once Meta provides the user data. For now, it’s a standoff, and the pressure on Meta in Africa just keeps piling up.
Louis Eriakha
