EFF to California Appellate Court: Reject Trial Judge’s Ruling That Would Penalize Beneficial Features and Tools on Social Media

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EFF legal intern Jack Beck contributed to this post.

A California trial court recently departed from wide-ranging precedent and held that Snap, Inc., the maker of Snapchat, the popular social media app, had created a “defective” product by including features like disappearing messages, the ability to connect with people through mutual friends, and even the well-known “Stories” feature. We filed an amicus brief in the appeal, Neville v. Snap, Inc., at the California Court of Appeal, and are calling for the reversal of the earlier decision, which jeopardizes protections for online intermediaries and thus the free speech of all internet users.

At issue in the case is Section 230, without which the free and open internet as we know it would not exist. Section 230 provides that online intermediaries are generally not responsible for harmful user-generated content. Rather, responsibility for what a speaker says online falls on the person who spoke.

The plaintiffs are a group of parents whose children overdosed on fentanyl-laced drugs obtained through communications enabled by Snapchat. Even though the harm they suffered was premised on user-generated content—messages between the drug dealers and their children—the plaintiffs argued that Snapchat is a “defective product.” They highlighted various features available to all users on Snapchat, including disappearing messages, arguing that the features facilitate illegal drug deals.

Snap sought to have the case dismissed, arguing that the plaintiffs’ claims were barred by Section 230. The trial court disagreed, narrowly interpreting Section 230 and erroneously holding that the plaintiffs were merely trying to hold the company responsible for its own “independent tortious conduct—independent, that is, of the drug sellers’ posted content.” In so doing, the trial court departed from congressional intent and wide-ranging California and federal court precedent.

In a petition for a writ of mandate, Snap urged t

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