Consistently throughout the years, social media platforms have enjoyed immunity from liability under Section 230 of the Communications Decency Act, when sued over third party content. However, as more information becomes known about the platforms and their powerful algorithms, a new breed of cases aims to upend that protection and some are succeeding.
Two recent cases challenged Facebook and its ad-delivery algorithm and tools, describing Facebook as a content developer, which encouraged and facilitated discriminatory advertising practices. Facebook was initially granted immunity under Section 230 by the trial courts. However, the appellate courts reversed course in both instances.