The US Supreme Court will hear two cases today this week in which the immunity granted to online social networks for content published on their platforms. will be examined.
Today (Tuesday), the court will hear arguments in Gonzalez v. Google, which was filed by the family of Nohemi Gonzalez, and American college student who was one of the 130 people who were murdered by terrorists affiliated with ISIS in the Paris nightclub shootings 2015. The lawsuit was filed with the aid of the Shurat Hadin organization and its President, Attorney Nitsana Darshan-Leitner.
The Gonzalez family maintains that terrorist and extremist organizations took advantage of social media to spread incitement ad that the algorithms used by Google for Youtube draws people towards content which radicalizes them into committing acts of terrorism.
In particular, Youtube is accused of hosting videos posted by individuals and organizations affiliated with ISIS which included extreme content such as beheadings, and which were recommended to certain users due to the way the Youtube algorithm functions.
At the heart of the case is Section 230 of the Communications Decency Act of 1996, which grants online platforms immunity from prosecution for the content posted to them by third parties on the basis that the companies are merely platforms and not a “publisher or speaker” of the content.
About 100 'friend of the court' briefs have been filed in relation to the case, including from states, senators, large media corporations and human rights organizations.