9th Circuit Limits Section 230 Immunity for X (Formerly Twitter) in Child Sex Abuse Materials Case

Comment from the attorney for the victims,
Peter Gentala, President of Center for Arizona Policy

 PHOENIX – In a significant victory for survivors of child sexual abuse material (CSAM), the U.S. Court of Appeals for the Ninth Circuit has ruled that X (formerly Twitter) does not enjoy blanket immunity under Section 230 of the Communications Decency Act for failing to report known CSAM on its platform. This decision stems from the case of John Doe #1 and John Doe #2, two young survivors who were sex-trafficked as minors and whose abusive material was knowingly distributed and monetized by Twitter despite repeated notifications and pleas for removal.

The ruling clarifies that tech platforms cannot hide behind Section 230 when they fail to act on reports of illegal child exploitation content, paving the way for greater accountability and justice for victims. It reinforces that Big Tech must prioritize child safety over profits and comply with federal laws requiring the reporting of CSAM.

Peter Gentala, President of Center for Arizona Policy and attorney for the victims, has this comment: “This decision is a hard-fought win for CSAM survivors everywhere, stripping away a faulty legal premise that has shielded platforms like X from responsibility for facilitating child exploitation. For too long, misinterpreted Section 230 protections have allowed tech giants to profit from unimaginable harm while ignoring pleas from victims. This ruling sends a clear message: No more excuses. Platforms must act swiftly to remove illegal content and report abuse or face the consequences.”

The lawsuit was filed while Peter Gentala served as Senior Legal Counsel for the National Center on Sexual Exploitation and he remains as counsel to the victims in his current role as President of Center for Arizona Policy.

Center for Arizona Policy continues to advocate for policies that safeguard children and hold exploiters accountable.

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