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US Appeals court revives lawsuit against Elon Musk's X over child pornography video
The plaintiffs, identified as John Doe 1 and John Doe 2, were 13 at the time and had been blackmailed into providing explicit photos after being lured on Snapchat. A trial judge had previously dismissed the entire case in December 2023.
The lawsuit, which predates Musk's 2022 acquisition of the company, stems from a video containing explicit images of two underage boys that was posted on Twitter. According to court documents, the platform took nine days to remove the content and report it to NCMEC, during which time it was viewed over 167,000 times. The court also said X must face a claim that its reporting infrastructure was inadequate.
A federal appeals court has partially revived a lawsuit accusing Elon Musk's X, formerly Twitter, of negligence for failing to promptly report child sexual abuse material to authorities. The ruling, however, maintains that the platform is largely immune from liability for content posted by users.
The 9th U.S. Circuit Court of Appeals in San Francisco determined that while X is protected by Section 230 of the Communications Decency Act from claims related to user-generated content, this immunity does not extend to the platform's alleged failure to report child pornography after becoming aware of it. The court's decision allows a claim of negligence to move forward against X, stating the platform had a duty to report the content to the National Center for Missing and Exploited Children (NCMEC).
The lawsuit, which predates Musk's 2022 acquisition of the company, stems from a video containing explicit images of two underage boys that was posted on Twitter. According to court documents, the platform took nine days to remove the content and report it to NCMEC, during which time it was viewed over 167,000 times. The court also said X must face a claim that its reporting infrastructure was inadequate.
The plaintiffs, identified as John Doe 1 and John Doe 2, were 13 at the time and had been blackmailed into providing explicit photos after being lured on Snapchat. A trial judge had previously dismissed the entire case in December 2023.
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