A federal appeals court has reinstated part of a lawsuit against Elon Musk’s X, alleging that the platform has become a refuge for child exploitation. While the 9th U.S. Circuit Court of Appeals affirmed that X, formerly known as Twitter, is largely protected under section 230 of the Communications Decency Act against claims regarding user-generated content, it did allow a specific claim to proceed. This claim suggests the platform may be liable for negligence due to its delay in reporting a video featuring explicit images of underage boys to the National Centre for Missing and Exploited Children (NCMEC).
The case, which predates Musk’s acquisition of Twitter in 2022, saw a trial judge dismiss it in December 2023. However, the appeals court’s ruling indicates that once X became aware of the pornographic content, its failure to act swiftly may leave it vulnerable to legal repercussions. Notably, the platform reportedly took nine days to remove the content, during which the video garnered over 167,000 views before being taken down.
In the case, one of the plaintiffs, identified as John Doe 1, recounts being lured into sharing explicit images under false pretenses with an individual posing as a girl from his school. This highlight of vulnerability among children online draws attention to the pressing need for stronger child protection measures across social media platforms.
Dani Pinter, a lawyer for the plaintiffs, expressed with optimism about the case’s progress, stating, “We look forward to discovery and ultimately trial against X to get justice and accountability.”
While the court also dismissed other claims asserting that X knowingly benefited from illegal content or amplified such posts, it emphasized the need for platforms to improve reporting mechanisms for harmful content. This situation underscores the broader need for accountability and safety measures within social media, suggesting that ongoing legal scrutiny may lead to more stringent policies that prioritize child safety.
Overall, the legal proceedings not only highlight the issues surrounding online safety and child exploitation but also offer a potential pathway toward more responsible practices within the digital landscape.
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