Excessive Ban Suppressed Kenyan Political Speech
تم النشر بتاريخ 9 كانُون الْأَوَّل 2025
The Oversight Board has overturned Meta’s original decision to remove a comment on Kenyan politics including the term “tugeges.” While the comment negatively describes a group of Kenyan voters, it does not inherently create an atmosphere of discriminatory exclusion and intimidation. When this content was posted, the term should not have qualified as a slur. This case shows how’s Meta overbroad response led to political speech and public debate being suppressed.
About the Case
Kenya’s former Prime Minister Raila Odinga stood as a candidate for the African Union’s chairperson in February 2025. Ahead of that election, a Facebook user posted an image of Kenya’s former Deputy President Rigathi Gachagua. Text on the image describes Gachagua’s support for Odinga’s nomination. In the caption, the user states that Gachagua, who is from the Kikuyu ethnic group, is only choosing to endorse Odinga, who is from the Luo ethnic group, to increase his popularity among Luos.
A second user responded in a comment, mocking the original posting user’s content, dismissing it as meant for “tugeges” (“retarded Kikuyu”) – a direct reference to Gachagua’s supporters.
At the time, Meta designated the term “tugeges” a slur under the Hateful Conduct Community Standard. The second user’s comment was removed by automation and a strike applied to their account. However, Meta removed the term from its slur list in June 2025 when the Board asked questions about its designation. The company also restored the comment and revoked the strike the following month.
Key Findings
The Board encourages Meta to be judicious in its designation process before banning words. The term “tugeges” does not meet Meta’s definition of a slur. At the time of Kenya’s 2022 elections, the way in which the word was being used meant it could have qualified. However, its use has quickly evolved, raising timing questions about the January 2024 designation. When this content was posted, “tugeges” should not have qualified as a slur.
While the term can be derogatory in terms of ethnicity, many use it to criticize blind political loyalty. Other Kenyan dialects have equivalents, typically to express political criticism. Kenya’s National Coalition on Freedom of Expression and Content Moderation has not found the term to be hate speech. Experts and public comments point out that the term’s discriminatory ethnic overtones are not fixed and the word has various colloquial meanings. This should have been considered by Meta and underscores the importance of the company engaging national stakeholders in both designating and auditing slur lists.
Deliberations for this case also included discussions on how Meta can continue to offer users an opportunity to act when their content may violate the Hateful Conduct policy. The Board’s recommendation suggests implementing a product feature for potential Hateful Conduct and Bullying and Harassment violations, as well as markets with an active crisis.
The Oversight Board’s Decision
The Board overturns Meta’s original decision to remove the content.
The Board recommends that Meta:
- Provide users with an opportunity for self-remediation comparable to the post time friction intervention that was created as a result of the Pro-Navalny Protest in Russia, recommendation no. 6. If this intervention is no longer in effect, Meta should provide a comparable product intervention.
The Board also reiterates a recommendation from an earlier decision, which Meta has fully committed to and is implementing:
- When auditing its slur lists, Meta should ensure it carries out broad external engagement with relevant stakeholders.
Further Information
To read public comments for this case, click here.
