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9th Circuit Revives Negligence and Reporting Infrastructure Claims Against X

The ruling sends the suit back to district court for discovery ahead of a possible trial.

'X' logo is seen on the top of the headquarters of the messaging platform X, formerly known as Twitter, in downtown San Francisco, California, U.S., July 30, 2023. REUTERS/Carlos Barria/File Photo
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Overview

  • The 9th U.S. Circuit Court of Appeals revived a negligence suit that accuses X of taking nine days to remove and report a video showing explicit images of two underage boys after more than 167,000 views.
  • Judge Danielle Forrest wrote that Section 230 immunity does not shield X from statutory duties to promptly report known child pornography once the platform has actual knowledge.
  • The court also ruled that X must face allegations that its reporting infrastructure made it unduly difficult for users to flag child sexual abuse material.
  • Claims that X knowingly benefited from sex trafficking or amplified child pornography through its search features were dismissed under Section 230 protections.
  • Plaintiffs represented by the National Center on Sexual Exploitation say they look forward to discovery and trial to pursue justice and accountability.