META loses today in SJC – Suit Will Proceed

The Supreme Judicial Court today held that META is not entitled to dismissal of Massachusetts’ suit under section 230.

COMMONWEALTH vs. META PLATFORMS, INC.

WENDLANDT, J. The Commonwealth alleges that Meta
Platforms, Inc., and Instagram, LLC (collectively, Meta),
engaged in unfair business practices by designing the Instagram
platform to induce compulsive use by children, engaged in
deceptive business practices by deliberately misleading the
public about the safety of the platform, and created a public
nuisance by engaging in these unfair and deceptive practices.
Meta moved to dismiss the complaint, arguing, inter alia, that
§ 230 of the Communications Decency Act of 1996 (CDA), 47 U.S.C.
§ 230 (§ 230), barred the claims. A Superior Court judge denied
the motion, and Meta appealed.

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).