Texas Supreme Court Finds Facebook Can Be Liable for Sex Trafficking

Courts Applying Texas Sex Trafficking Law Reject Facebook Safe Harbor Defense

The Texas Supreme Court has ruled that Facebook can be sued under a state legal action (Tex. Civ. Prac. & Rem. Code § 98.002) that punishes those that intentionally or knowingly benefit from sex trafficking.  Using state law, but not federal law, three women that claim they were forced into prostitution by abusers that utilized Facebook were given the go-ahead to pursue their lawsuits against the technology giant under Texas law. 

Texas Sex Trafficking Law Punishes Online Providers for “Intentionally or Knowingly Benefiting” 

According to the lawsuit, Facebook failed to put in adequate safeguards that would protect potential victims and prevent sex traffickers from utilizing the social networking site to prey on the plethora of minors that use the site.  Arguably, because Facebook continues to benefit from advertising profits off of its more than 2 billion users, the women claim that the company has done nothing to use its platform to speak out against the dangers of sex trafficking or prevent it, and as such, it intentionally or knowingly benefits from sex trafficking.

Safe Harbor Defense Rejected in Texas Sex Trafficking Law Case

This is Facebook’s third appeal in Texas after losing at the district court and the Fourteenth Court of Appeals in Texas.  The technology giant had previously tried to use a safe harbor in Section 230 of the U.S. Communications Decency Act, which protects websites from being sued for what its users may post or for what its users do on its platform, to avoid liability in the suit.

The Texas Supreme Court was unpersuaded by the argument, however, sternly noting that “the statutory claim for knowingly or intentionally benefiting from participating in a human-trafficking venture is not barred by Section 230.”  Many supporters of the Texas Supreme Court decision noted that the holding is in line with similar movements that eventually brought increased scrutiny to the sale of sexual services on platforms like Craigslist and Backpage.com.

Key Takeaways on Texas Sex Trafficking Law and Online Provider Safe Harbors

The Texas Supreme Court found that Facebook can be sued for facilitating sex trafficking, which means:

• Section 230 of the U.S. Communications Decency Act will no longer be used as a carte blanche safe harbor for websites claiming free speech and no responsibility for its users;

• Greater scrutiny on the sale of sexual services on popular social platforms; and

• A potential chilling effect for online content beyond illegal sexual activities.

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