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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.

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.