Three plaintiffs filed separate suits against Facebook alleging that they became victims of sex trafficking after meeting their abusers through Facebook or Instagram, which Facebook owns. In addition to several negligence claims, the plaintiffs asserted claims under a Texas statute that allows civil lawsuits “against those who intentionally or knowingly benefit from participation in a sex-trafficking venture.”
Facebook moved to dismiss all claims against it contending that they were barred by section 230 of the “Communications Decency Act,” which protects interactive computer service providers such as Facebook from being held liable for any information provided by its users.
However, the Texas Supreme Court denied Facebook’s motion saying that section 230 does not “create a lawless no-man’s-land on the Internet.” The court further explained that section 230 protects internet platforms from being held accountable for their users’ words or actions, but “[h]olding internet platforms accountable for their own misdeeds is quite another thing.” Thus, the court held that section 230 did not bar the plaintiffs’ statutory claims against Facebook.
All three plaintiffs were minors at the time they were lured into “a life of trafficking” after being groomed by Facebook or Instagram users. One plaintiff’s mother reported the Instagram sex-trafficking activities to Facebook, but Facebook did not respond.
Annie McAdams, who represented the plaintiffs, said, “My team is humbled by this order and for the opportunity to work for our clients. Our clients fought over two years for the right to even bring their case.”
Facebook must face sex-trafficking suit, Texas judge rules
Facebook may be held accountable for knowingly benefitting from sex traffickers who have used the social network to ensnare victims, a Texas court has ruled.
Three women who say they were forced as teenagers into prostitution by abusers on the site will be allowed to go forward with a suit against the company, Texas Supreme Court Justice James Blacklock ruled Friday.
Facebook had moved to dismiss the women’s claims under section 230 of the U.S. Communications Decency Act, which holds that websites are not liable for users’ posts, arguing that the company could not be blamed for the actions of its users.
But Blacklock was not having Facebook’s argument.
Facebook must face sex-trafficking suit, Texas judge rules (nypost.com)
Texas Supreme Court rules Facebook can be held liable for sex trafficking, citing SESTA/FOSTA
The ruling may set a precedent for other cases against social media companies protected by Section 230.
The Texas Supreme Court denied Facebook’s claim of liability immunity in an ongoing civil claim on Friday, June 25.
The 33-page opinion penned by Justice Jimmy Blacklock stated Facebook asked the court to dismiss three lawsuits made against the company by plaintiffs who “allege they were victims of sex trafficking who became entangled with their abusers through Facebook.” Plaintiffs in these suits claim that the social media platform was negligent and “did not attempt to key sex trafficking off its technology,” Business Insider reports.
The plaintiffs sued the social media giant for negligence, negligent undertaking, gross negligence, and products liability. They also asserted claims under a Texas statute against human trafficking. The Texas Supreme Court dismissed all claims except the last, essentially holding Facebook accountable for any trafficking that may have been facilitated on the platform.
According to XBIZ.com, Facebook’s claim is based on Section 230 of the Communications Decency Act, which is often referred to as the “first amendment” of the internet. Section 230 has largely kept online platforms and service providers from being held liable for content published through use of their services. But the majority opinion of the court states that Section 230 “was never intended to provide legal protection to websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims,” citing SESTA/FOSTA law.
SESTA/FOSTA was billed as an “anti-sex trafficking” law amending Section 230, intended to hold websites liable for content that promotes sex-trafficking. Since passing in 2018, SESTA/FOSTA has been widely criticized for endangering sex workers, and as the Daily Dot reported Wednesday, the law has barely been used to award civil damages for victims of online sex-trafficking.
Texas Supreme Court Rules Facebook Can Be Liable for Sex Trafficking (dailydot.com)
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