On October 24, 2022, the Ninth Circuit affirmed the district court's dismissal of a putative class action against Reddit that sought to hold the Internet service provider liable for sex-trafficking violations. The court held that the claims were barred by Section 230 of the Communications Decency Act and did not fall within the controversial "FOSTA" exception to Section 230. With the historically broad scope of Section 230 immunity currently under review by the U.S. Supreme Court, the decision, which resolved a district court split on the level of culpability required to hold service providers liable for sex trafficking claims, is a welcome development for Internet platforms that host or facilitate user-generated content.
The operative provision of Section 230 provides: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."47 U.S.C. ' 230(c)(1). "Though somewhat jargony, this provision shields from liability those individuals or entities that operate internet platforms, to the extent their platforms publish third-party content." Lemmon v. Snap, Inc., 995 F.3d 1085, 1090- 91 (9th Cir. 2021).
Importantly, Section 230(e) sets forth five exceptions to this broad immunity. A service provider cannot claim immunity as a basis to...
