A U. S. Appeals Court on Monday declined to drop the thousands of online safety lawsuits against social media firms, ruling Meta and TikTok appealed the cases too early.
In an opinion issued Monday, the 9th U. S. Circuit Court of Appeals determined the technology liability shield — Section 230 of the Communications Decency Act — cannot be used by social media firms to dismiss lawsuits, but only as a defense against claims.
Section 230, which protects technology companies from being held legally liable for third-party or user content, has largely shielded several firms from lawsuits related to content posted on their platforms.
Meta, the parent company of Instagram and Facebook, and TikTok argued Section 230 also applies to suits targeting the design of their platforms, and that they should not have to wait for litigation to conclude before filing an appeal.
The court did not agree, ruling it does not have jurisdiction over this issue, as Section 230 “merely provides a defense to liability—not immunity from suit,” Judge Jacqueline Nguyen wrote for the three-judge panel.
The decision paves the way for thousands of lawsuits alleging Meta, TikTok and other social media companies designed platforms that encourage addictive behavior, fail to verify users’ ages and inadequately prevent harmful content.
In a jury verdict in California last March, a judge determined Meta and YouTube were negligent in their design or operation of the platforms. The companies were ordered to pay a combined $6 million
The case, brought by a 20-year-old named K. G. M., consolidated thousands of lawsuits brought by individuals, school districts and states against multiple social media companies. Lawyers said K. G. M. became addicted to the platforms, prompting or worsening mental health issues.
Section 230 did not protect the companies against this suit, spurring new momentum for the kids online safety push earlier this year.
The court also denied a request from Meta to delay a trial starting Wednesday over allegations the company illegally collected and used children’s data when building platforms.
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