Texas Court Rules Teens Can Sue Facebook For Its Alleged Role in Their Sex Trafficking

The Houston Chronicle reports:

The Texas Supreme Court ruled Friday in a Houston case that Facebook is not a 'lawless no-man's-land' and can be held liable for the conduct of pimps who use its technology to recruit and prey on children.

The ruling came in a trio of Houston civil actions involving teenage trafficking victims who met their abusive pimps through Facebook's messaging functions. They sued the California-based social media juggernaut for negligence and product liability, saying that Facebook failed to warn about or attempt to prevent sex trafficking from taking place on its internet platforms. The suits also alleged that Facebook benefited from the sexual exploitation of trafficking victims. The justices said trafficking victims can move forward with lawsuits on the grounds that Facebook violated a provision of the Texas Civil Practice and Remedies Code passed in 2009.

Facebook lawyers argued the company was shielded from liability under Section 230 of the federal Communications Decency Act, which states that what users say or write online is not akin to a publisher conveying the same message. Essentially, they said, Facebook is immune to these types of lawsuits. The majority wrote, '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... Holding internet platforms accountable for the words or actions of their users is one thing, and the federal precedent uniformly dictates that Section 230 does not allow it,' the opinion said. 'Holding internet platforms accountable for their own misdeeds is quite another thing. This is particularly the case for human trafficking.'

The justices explained that Congress recently amended Section 230 to add the possibility of civil liability for websites that violate state and federal human-trafficking laws. They said under the amended law states may protect residents from internet companies that knowingly or intentionally participate in human trafficking through their action or inaction..... Annie McAdams, a lead attorney for the plaintiffs, said it was a groundbreaking decision. This is the first case to beat Facebook on its argument that it had immunity under Section 230, she said.

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