On Monday, the Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?” This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.
Rejecting CDA 230 Defense, District Court Allows TVPRA Claims to Proceed Against Pornhub
Last week, in Doe #1 et al. v. MG Freesites Ltd. et al., No. 7:21-cv-00220-LSC, 2022 WL 407147 (N.D. Ala. Feb. 9, 2022), the Northern District of Alabama permitted plaintiffs to proceed with a proposed class action against Pornhub for allegedly profiting from child sex trafficking and exploitation videos uploaded to its platform. The claims were brought under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) and federal child sexual abuse material statutes. U.S. District Judge L. Scott Coogler rejected Pornhub’s defense that section 230 of the federal Communications Decency Act shields it from liability for plaintiffs’ claims. Section 230 generally immunizes “interactive computer service[s]” from liability for content provided by third parties. 47 U.S.C. § 230(c).