Social Media Cannot Hide From Defective Product Lawsuits ... for Now

c0lo writes:

TLDR**: families of the victims in Buffalo sued social media for providing a defective product that can damage the mental heath and radicalize some people. Defendants asked dismissal under the "we are only a public message board" Section 230, court says "naaah, mate, plaintiff pointed a compelling enough finger to your engagement algos which earn you the money. Those (civil) lawsuits may go ahead (and I'll keep my popcorn handy)".

YouTube, Facebook, Reddit must face lawsuits from Buffalo shooting survivors

The plaintiffs, who include family members of the victims and survivors of the shooting, argue that the platforms "negligently, defectively and harmfully designed 'products' that drove Gendron to the materials and they are therefore liable based on product liability theories."
...
Feroleto dismissed arguments brought by the social media companies that they served merely as message boards for third-party content. The defendants argue that as such, they are not liable under Section 230 of the Communications Decency Act or the First Amendment.

"The Court has determined the complaint sufficiently pleads viable causes of action to go forward at this stage of the litigation," the order states.

straight from the legal-horse's mouth (i.e. the court order, the "verdict" as it comes)

The defendants contend that no matter how the plaintiffs frame their complaint the only conceivable actionable activity of the defendants is the hosting of third-party content on their platforms. If that is the case, even plaintiffs would acknowledge the third-party content would make the defendants immune from suit due to the CDA. However, plaintiffs contend the defendants' platforms are more than just message boards containing third-party content. They allege they are sophisticated products designed to be addictive to young users and they specifically directed Gendron to further platforms or postings that indoctrinated him with "white replacement theory."

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