SJC: Instagram not protected by Communications Decency Act

The ruling is the first time a state high court has considered whether the federal law that generally shields internet companies from lawsuits over content posted by their users would also bar claims that companies like Meta knowingly addicted young users.

Writing for the unanimous court, Justice Dalila Argaez Wendlandt said the lawsuit brought by Attorney General Andrea J. Campbell does not seek to hold Meta liable for content created by its users — from which Section 230 of the Communications Decency Act of 1996 generally shields companies — but targets the company’s conduct.

“Consistent with the text of the statute, common-law principles of publisher liability, and legislative purpose, we determine that §230(c)(1) protects an interactive computer service provider against claims that seek to hold it liable for harms stemming from user-generated content it published. Here, accepting as true the allegations of the complaint and drawing all reasonable inferences in the Commonwealth’s favor, the claims do not seek to impose liability on Meta for information provided by third parties. Instead, the claims allege harm stemming from Meta’s own conduct either by designing a social media platform that capitalizes on the developmental vulnerabilities of children or by affirmatively misleading consumers about the safety of the Instagram platform. Thus, at least at this preliminary stage of the litigation, Meta has not shown it is entitled to the protection provided by §230(c)(1),” Wendlandt wrote.

Campbell, a Democrat, hailed the ruling in a statement, calling it a “major step in holding these companies accountable for practices that have fueled the youth mental health crisis and put profits over kids.”

A spokesperson for Meta, the parent company of Facebook and Instagram, said in a statement that it continues to disagree with the “false distinction” between content and platform design and that the ruling did not address the case’s merits.

“We are confident the evidence will show our longstanding commitment to supporting young people,” the Meta spokesperson said.

The lawsuit is one of thousands of cases by individuals, municipalities, states and school districts nationwide seeking to hold Meta and other social media companies responsible for allegations that they designed their platforms ‌to be addictive to young users.

The SJC’s 50-page decision is Commonwealth v. Meta Platforms, Inc., et al., Lawyers Weekly No. 10-036-26.