Tech s Online Content Shield Dented by Product Liability Claims
Plaintiffs seeking to hold online platforms accountable for facilitating crimes committed by their users are finding success using a new avenue: product liability.
Platforms enjoy broad protection from liability for users posts under Section 230 of the 1996 Communications Decency Act, a law that s been credited with the rise of social media and the internet as we know it. It s also been criticized as shielding some of the world s largest companies when they turn a blind eye to abuse and harm perpetrated through their offerings.
Federal judges overseeing lawsuits against Omegle.com LLC and Snap Inc. came to opposite conclusions just days apart about whether those companies are protected by Section 230 s liability shield. Omegle, a website that randomly matches users to video chat, and SnapChat, the person-to-person photo sharing app, were each alleged to have facilitated the sexual abuse of a minor by an adult.