9th Circuit Upholds Section 230 Protections in Reddit Case

9th Circuit Upholds Section 230 Protections in Reddit Case

PASADENA — A three-judge Ninth Circuit Court of Appeals panel has upheld a district court’s dismissal of a civil lawsuit attempting to circumvent Section 230 and hold Reddit liable for third-party content under a federal civil sex trafficking statute.

The judges held that Section 230 shields Reddit from a civil suit filed by attorneys for anonymous plaintiffs who allege that Reddit users “posted and circulated sexually explicit images and videos of minors online.”

The victims and their parents attempted to bypass Section 230 protections by appealing to the Trafficking Victims Protection Reauthorization Act.

The Ninth Circuit panel held that, as an “interactive computer services provider,” Reddit “generally enjoys immunity from liability for user-posted content under Section 230.”

The plaintiffs also invoked the controversial FOSTA carve-out, claiming that Section 230 immunity “does not apply to child sex trafficking claims if the conduct underlying the claim also violates” the criminal child sex trafficking statute.

The judges, however, concluded that since the plaintiffs did not allege that Reddit “knowingly participated in or benefited from a sex trafficking venture,” they therefore “failed to state a sex trafficking claim.”

Ninth Circuit 'Reached the Correct Result'

Noted industry attorney and First Amendment expert Lawrence Walters of Walters Law Group told XBIZ, “While the wording of FOSTA’s intent provisions remain vague, this court reached the correct result by limiting any civil sex trafficking beneficiary liability claims to criminal conduct by the website operator itself, instead of focusing on the activities of its users."

Walters noted that "any contrary holding would leave website operators and online service providers in the impossible position of trying to discern the circumstances in which they should have known of alleged trafficking activities by third parties in order to avoid civil liability."

The Ninth Circuit’s ruling, he concluded, “resolves a critical split of authority in district court decisions which attempted to interpret a poorly drafted law that upset the internet ecosystem and resulted in widespread censorship of protected speech.”

An NCOSE-Promoted Attempt to Shut Down All UGC Content

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

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 (UGC).

In late November 2021, the lawsuit was revived through an appeal to the Ninth Circuit.

As XBIZ reported in March of this year, attorneys for the Jane and John Does filed an opening appellate brief for a proposed class of plaintiffs.

The initial 2021 lawsuit followed years of Reddit being targeted by religiously motivated anti-porn organization NCOSE for allowing any UGC involving sex, regardless of legality.

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.

Does v. Reddit

Copyright © 2025 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

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Show More