When Are Technology Companies Liable For Injury Due To Their Content?
In February, the US Supreme Court will hear legal liability cases that could reshape the responsibility that accompanies certain events as the result of content published by technology companies like Google. The cases are Gonzalez v. Google and Twitter v. Taamneh, both of which involve the question of whether the Communications Decency Act shields technology companies from associated liability for content published by others, including computer algorithms recommending specific content to their users.
Gonzalez v. Google was filed by the family of a victim of an ISIS terrorist who claims that Google aided ISIS and its recruitment efforts through videos posted to YouTube and, as a result, contributed to the wrongful death of their loved one. Similarly, Twitter v. Taamneh begs the question of whether Twitter, Facebook and Google are responsible for the general use of their platforms by terrorist organizations.
When Information Leads to Injury
The questions in all of these cases comes down to the due care owed by online platforms (and whether they are ‘publishers’ or ‘speakers’) in supplying products that do not present an unreasonable risk of injury, as well as issues surrounding speech and content that leads to injury or death. Ultimately, these cases also involve questions related to whether these companies are knowingly providing substantial assistance to terrorists by providing generic services and failing to take more aggressive actions to prevent such use, as well as whether they can be liable for aiding and abetting in connection with criminal actions that injure plaintiffs. In each case, plaintiffs are seeking to hold the online platforms liable for the deaths of their loved ones in connection with ISIS terrorist attacks.
In the Taamneh case, online platforms have moved to dismiss the case based on “insufficiency of proximate causation,” which is one requirement in terms of plaintiffs’ burden in tort-injury cases.
Is There Immunity?
Historically, the Communications Decency Act has provided a certain amount of immunity to companies, in spite of a number of lawmakers proposing reforms to create accountability for any and all online services that contribute to terrorist content online. This was put in place, in part, to promote the “free exchange of information” and prevent interactive computer services who engage in some editing from thus being held liable for all defamatory or otherwise unlawful messaging that they failed to edit or remove. Regardless, this will be a watershed for these online platforms and their ‘responsibility’ in certain incidents.
Contact our Macon, Georgia Injury Attorneys
If you have any questions or concerns related to injuries, accidents, wrongful death, or other harm to you or your loved ones, contact our Macon personal injury attorneys at the Law Offices of Buzzell, Welsh & Hill today to find out how we can help.
Source:
scotusblog.com/2022/12/court-schedules-february-arguments-on-student-loan-relief-tech-companies-liability/
