For 30 years, one law has kept the worldâs biggest tech platforms virtually untouchable.
Section 230 of the Communications Decency Act - written in 1996 - declared that platforms cannot be treated as publishers of what their users post. They host it. They donât own it. So they canât be sued for it.
That legal shield built Silicon Valley as we know it, but itâs starting to crumble.
The world is waking up to stories of Meta on trial and the tag line making the news is the idea that they built the worldâs largest marketplace for child predators.
And now, they need to be held accountable
section 230 that has previously been used to protect them is being sidestepped as legal cases are being made against their product - The argument has shifted from âyou hosted this contentâ to âyour algorithm found the children, connected the predators, and built the networksâ
And it isnât just an accusation - in the case of New Meixco vs Meta, they proved it:
- they created a fake account of a 13 yr old girl posting about her first day in 7th grade and she received 7000+ followers, all adult men. Thatâs the algorithm connecting her to predators.
- and worse, Meta saw this activity and rather than intervening it offered her a pro account so she could monitise it.
Itâs not a new problem either - The lawsuit follows a two-year Guardian investigation, published in 2023, which revealed that the tech giant was struggling to prevent people from using its platforms to traffic children.
Is trafficking children something you âstruggle withâ ??? Is it not something that the moment you realise its happening you do everything you can to stop it?? It sounds like a comment from a board meeting ânumbers are up but weâre still struggling with the kiddi trafficking stuff, soâŚyou know⌠some good, some badâ
Weâre seeing more and more of these trials now - 40 state attorneys general have filed lawsuits, all using the âdefective productâ tact: this is basically the tobacco playbook, turned on tech!
Itâs also another example of how our laws need to change at the same speed that the tech is moving - Section 230 was written to protect free expression online, a genuinely important goal, but it was written
- before recommendation algorithms existed
-before platforms were engineering compulsion.
- before we had evidence that Meta was aware of an estimated 500,000 inappropriate interactions with children taking place DAILY on its platforms.
The law didnât anticipate a platform that doesnât just host content but actively curates it, amplifies it, and routes it toward children.
it didnt anticipate a platform that would route childrens content to predators.
So the law needs to change.
These companies are telling us over and over âour safeguards arenât perfect, and we canât be held liable for knowing exactly how imperfect they areâ
How many trials will it take I wonder�
Are you still using Instagram?
âŚ.Are your kids?