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Social Media › Immunity

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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

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In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

Morrison & Foerster LLP - Social Media on

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Morrison & Foerster LLP - Social Media

Social Links: April 2024

Morrison & Foerster LLP - Social Media on

As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more

Morrison & Foerster LLP - Social Media

Central District Of California Upholds Grindr’s Immunity Under Section 230 Amidst Growing Concerns Over Social Media Safety For...

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Recent Senate hearings on social media safety have spotlighted the urgent need to protect children online, a concern that’s increasingly challenging the legal frameworks governing online platforms. Against this backdrop, the...more

Morrison & Foerster LLP - Social Media

Part 1 - Section 230: 27 Years Old And Still In The Spotlight

Morrison & Foerster LLP - Social Media on

Here at Socially Aware we talk a lot about Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes social media platforms and other online service providers from liability stemming from content...more

Saiber LLC

Section 230 Dodges Yet Another Judicial Bullet

Saiber LLC on

As reported in prior Trending Law Blog posts, Section 230 of the Communications Decency Act, 47 U.S. §230(c)(1)  (“§230”), has come under attack by politicians and members of the public who seek to remove the statute’s...more

Dorsey & Whitney LLP

Policing the Digital Space - New Rules Require Platforms to Take Responsibility for Users’ Content

Dorsey & Whitney LLP on

Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once...more

Saiber LLC

Will it be the End of §230 as We Know It?

Saiber LLC on

Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (hereafter “§230”), protects internet services, like Facebook, Twitter, and the like, from liability based on words used by third parties who use their...more

Kohrman Jackson & Krantz LLP

Supreme Court to Address Big Tech Immunity Under Section 230

Kohrman Jackson & Krantz LLP on

Last week, the Supreme Court granted certiorari for two cases challenging Section 230 of the Communications Decency Act. The result of the Supreme Court’s review has the potential to change how big tech and social media...more

Proskauer - New Media & Technology

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

Proskauer - New Media & Technology on

Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more

Weintraub Tobin

Area Man Defends the Rights of Satirists: The Onion’s Headline-Grabbing Amicus Brief Defends the Right to Deadpan Parody

Weintraub Tobin on

The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his...more

Saiber LLC

Section 230 Dodges Another Judicial Bullet

Saiber LLC on

The June 10, 2020 and July 22, 2019 posts on Trending Law Blogs discussed, among other things, how Section 230 of the Communications Decency Act, 47 U.S.C. §230 (c)(1) (hereafter “§230”), has come under attack by politicians...more

Farella Braun + Martel LLP

Section 230 Immunity Won’t Protect You: State and Federal Lawmakers Take Aim at Social Media Companies With Proposed Legislation...

Farella Braun + Martel LLP on

Three new bills, one introduced in the California Assembly and two in the US Senate, are taking aim at online social media platforms. If adopted, both bills would significantly alter existing duties to prevent or mitigate...more

Morrison & Foerster LLP - Social Media

District Court Enjoins Controversial Texas House Bill 20

Morrison & Foerster LLP - Social Media on

Over the past several years, Section 230 of the Communications Decency Act, the federal law that provides social media platforms with immunity from liability for user content and was once hailed as “the law that gave us the...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

Morrison & Foerster LLP - Social Media

Northern District Of California Holds That Section 230 Applies To App Store

Morrison & Foerster LLP - Social Media on

While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to...more

Vinson & Elkins LLP

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

Vinson & Elkins LLP on

Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more

Manatt, Phelps & Phillips, LLP

Section 230 Under Assault: It’s Not Just a Big Tech Problem

Manatt, Phelps & Phillips, LLP on

Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of...more

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

Wiley Rein LLP on

While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more

Proskauer - New Media & Technology

Mobile App Platform Entitled to CDA Immunity over State Law Claims Related to In-App Purchases of Loot Boxes

Proskauer - New Media & Technology on

Happy Silver Anniversary to Section 230 of Communications Decency Act (“CDA” or “Section 230”), which was signed into law by President Bill Clinton in February 1996. At that time, Congress enacted CDA Section 230 in response...more

Proskauer - New Media & Technology

CDA “Reform” on the Horizon: Investors and Operators Take Note

Proskauer - New Media & Technology on

The appetite for acquisitions and investment in online businesses has never been stronger, with many of the most attractive online opportunities being businesses that host, manage and leverage user-generated content. These...more

Mintz - ML Strategies

Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism

Mintz - ML Strategies on

On Wednesday, October 28, the Senate Committee on Commerce, Science and Transportation held a much-anticipated hearing titled, “Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?” The witness line-up featured...more

Proskauer - New Media & Technology

DOJ Submits CDA Reform Proposal to Congress to Curtail Protections for Online Platforms

Proskauer - New Media & Technology on

Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”), enacted in 1996, is generally viewed as the most important statute supporting the growth of Internet commerce. The key provision of...more

Kelley Drye & Warren LLP

That Was Then, This Is Now: Trump Administration Proposes Section 230 Reforms

Kelley Drye & Warren LLP on

Continuing its intense focus on internet platforms’ role in political debate and the liability protections they receive under the Communications Decency Act (CDA), 47 U.S.C. § 230, the Trump Administration this week submitted...more

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