ANALYSIS: No Section 230 Immunity for Meta, but Does It Matter?

A Ninth Circuit ruling in early June finding that tech giant Meta Platforms Inc. wasn’t immune from liability under Section 230 of the Communications Decency Act for contract claims may ultimately be toothless.

Social media platforms have long enjoyed immunity under Section 230. The plaintiffs in the proposed class action took a novel approach by pursuing breach of contract and breach of the covenant of good faith and fair dealing claims against Meta—and it paid off. Yet the contract claims may not withstand motion practice upon their return to district court.

The Case

In Calise v. Meta Platform, Inc., ...