Plaintiffs Urge Judge to Strip Reddit of Section 230 Protections Over UGC

Plaintiffs Urge Judge to Strip Reddit of Section 230 Protections Over UGC

PASADENA, Calif. — A proposed class of plaintiffs currently appealing a dismissed lawsuit against Reddit, alleging that the platform “knowingly benefits from lax enforcement of its content polices, including for child pornography," filed an opening appellate brief this week renewing their claim that Section 230 protections should not shield the social media platform.

The original lawsuit, which cited FOSTA-SESTA and was filed in April 2021 by attorneys for pseudonymous Jane and John Does, was originally dismissed last October.

At that time, U.S. District Judge James V. Selna found that Section 230 shielded Reddit from allegations of “profiting off of child pornography" over user-generated content, or UGC.

In late November, the lawsuit was revived through an appeal to the Ninth Circuit.

The 'Should Have Known' Doctrine

According to legal news site Law360, the lawyers representing the proposed class argued that Selna was wrong to dismiss the original lawsuit and that he misinterpreted Section 230.

"This case squarely fits under the plain language of Section 1595, a provision of the Trafficking Victims Protection Reauthorization Act," the lawyers argued. "Plaintiffs' amended complaint alleges in hundreds of detailed allegations that Reddit refuses to prevent, detect and remove known illegal content or ban repeat offenders who traffic in child pornography — all to Reddit's profit."

“For these reasons,” the opening brief added, “Reddit violated Section 1595 by 'knowingly benefit[ting]' from participation in a venture that it knew or 'should have known' was engaged in illegal trafficking.”

The April civil lawsuit was filed by class-action specialist attorneys Davida Brook, Krysta Kauble Pachman, Arun Subramanian and Steve Cohen, representing the firms Susman Godfrey LLP and Pollock Cohen LLP. Reddit had successfully invoked Section 230 to counteract the lawyers' claims that it should be liable for UGC uploaded by third parties — in this case, content that allegedly depicted the underage Jane Doe in sexual situations.

The proposed class action lawyers now argue that Selna “compounded [his] error in holding that a plaintiff must allege that the website had the criminal mens rea of actual knowledge of the trafficking, rather than constructive knowledge ['knew or should have known’].”

Legal observers have pointed out that lawyers seeking to find liability in platforms are increasingly appealing to this novel doctrine of “constructive knowledge,” as opposed to actual knowledge, with diverse results depending on the venue.

An Orchestrated Campaign of Lawsuits

As XBIZ reported in April 2021, after years of being targeted by religiously motivated anti-porn organization NCOSE for allowing UGC involving sex, Reddit became the latest defendant in an orchestrated campaign of civil lawsuits attempting to challenge Section 230 protections in the name of protecting victims of sex trafficking.

Like similar lawsuits filed against Facebook, Twitter, Pornhub and WGCZ under NCOSE’s sponsorship, the Reddit lawsuit refers to an illegal video shot and uploaded by a third party. In each case, the third party is not part of the lawsuit. Instead, the plaintiff looks for a settlement from a large online platform that supposedly “promoted and monetized” the content.

Shortly before the original lawsuit was filed, Reddit CEO Steve Huffman stated during an interview with newsmagazine Axios HBO that his platform is “perfectly supportive” of pornographic content, as long as it does not feature involuntary sexualization or sexualization of minors.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, presented by gaming platform 1win, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More