The Texas Supreme Court ruled that Facebook could be held liable if sex traffickers use the platform to prey on children, arguing the social media website isn’t a “lawless no-man’s-land.”
The ruling was made following three Houston-area lawsuits involving teenage trafficking victims who alleged that they met their abusers through Facebook’s messaging service. Prosecutors also said that Facebook was negligent by not doing more to block sex traffickers from using the site.
“We do not understand Section 230 to ‘create a lawless no-man’s-land on the Internet’ in which states are powerless to impose liability on websites that knowingly or intentionally participate in the evil of online human trafficking,” the Supreme Court’s majority wrote.
Facebook has contended that it’s protected under Section 230 of the federal Communications Decency Act—a law that has been frequently criticized by Republicans, including former President Donald Trump. Critics have said that the rule, which shields online platforms from liability regarding third-party content, has allowed Facebook, Twitter, Google, and others to ban conservative viewpoints while unfairly allowing extreme left-wing viewpoints to proliferate.
“Holding internet platforms accountable for words or actions of their users is one thing, and the federal precedent uniformly dictates that section 230 does not allow it,” the state Supreme Court court ruled (pdf) on June 25. “Holding internet platforms accountable for their own misdeeds is quite another thing. This is particularly the case for human trafficking.”
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