Facebook Can Be Sued for Sex Trafficking, Texas Supreme Court Rules
JACK PHILLIPS June 27, 2021The Texas Supreme Court ruled that Facebook could be held liable if sex traffickers use the platform to prey on children, arguing the social media website isn’t a “lawless no-man’s-land.”
The ruling was made following three Houston-area lawsuits involving teenage trafficking victims who alleged that they met their abusers through Facebook’s messaging service. Prosecutors also said that Facebook was negligent by not doing more to block sex traffickers from using the site.
“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,” the Supreme Court’s majority wrote. . . .
https://www.theepochtimes.com/facebook-can-be-sued-for-sex-trafficking-texas-supreme-court-rules_3876475.html
The judge is correct. Here is what the law says:
47 U.S. Code § 230 - Protection for private blocking and screening of offensive materialSection e
(5)No effect on sex trafficking lawNothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit—(A)any claim in a civil action brought under section 1595 of title 18, if the conduct underlying the claim constitutes a violation of section 1591 of that title;
(B)any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18; or
(C)any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted.
https://www.law.cornell.edu/uscode/text/47/230