Can Social Media Platforms Be Held Liable for Sexual Exploitation?

Social media platforms have transformed how people connect, communicate, and consume information. With billions of users worldwide, these digital spaces influence everything from business and entertainment to social movements and political discourse. However, the darker side of social media includes the proliferation of harmful activities, including sexual exploitation.

To address this issue, it’s important to define sexual exploitation and understand how online platforms can contribute to its spread. Section 230 of the Communications Decency Act provides broad legal protections for tech companies. However, critics argue that these protections allow them to evade accountability. Recent lawsuits and regulatory efforts have intensified the push for stronger safeguards. This has forced a closer look at how the law should evolve to protect users.

Understanding the legal responsibilities of social media companies, the role of legislative reforms, and the options available to victims is crucial in navigating this complex issue.

Defining Sexual Exploitation

Sexual exploitation occurs when individuals are manipulated, coerced, or deceived into non-consensual sexual activities for someone else’s benefit. This can be financial, social, or personal. Unlike general sexual abuse, which refers to all non-consensual sexual acts, sexual exploitation often involves an imbalance of power where a victim’s vulnerability is taken advantage of.

Online platforms have become a breeding ground for exploitation, with perpetrators using social media to recruit, groom, and exploit victims. The rapid spread of explicit content and insufficient moderation policies raise concerns about how much responsibility these platforms should bear.

Platform Liability and Section 230 of the Communications Decency Act

One of social media companies’ most significant legal protections is Section 230 of the Communications Decency Act (CDA), enacted in 1996. This law shields online platforms from being held liable for user-generated content. It states that they cannot be treated as the “publisher or speaker” of user-generated material.

Section 230 was originally intended to promote internet innovation and free expression. It has, however, also made it difficult to hold platforms accountable for harmful content. Critics argue that this law has given companies excessive legal immunity, preventing victims from seeking justice when social media is used to facilitate sexual exploitation.

The U.S. Department of Justice has acknowledged these concerns. It emphasized that technological advancements and expansive interpretations of Section 230 have left platforms largely unaccountable for illicit activities.

FOSTA-SESTA: Addressing Platform Liability for Exploitation

In 2018, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) were passed to narrow the scope of Section 230 protections. This legislation made it clear that platforms cannot claim immunity when they knowingly facilitate or profit from sex trafficking.

FOSTA-SESTA was a step toward increasing accountability, but its effectiveness remains a topic of debate. Some advocates praise the law for giving victims a legal avenue to sue platforms that enable exploitation. On the other hand, others argue that it does not go far enough.

A significant challenge in enforcing FOSTA-SESTA is proving that a platform “knowingly” facilitated exploitation. Without clear evidence of intentional misconduct, it remains difficult to hold companies legally responsible. Additionally, some critics contend that FOSTA-SESTA has inadvertently led platforms to over-censor content, negatively impacting legitimate discussions on topics like sexual health and sex worker advocacy.

Recent Legal Cases: The Push for Greater Accountability

Several lawsuits and regulatory actions have been launched in an effort to hold social media companies accountable:

• Snapchat Lawsuit: In 2024, New Mexico’s Attorney General sued Snap Inc., alleging that Snapchat’s disappearing messages and other design features facilitated child sexual exploitation. The lawsuit claims that the platform’s architecture makes it easier for predators to target minors while avoiding detection.
• TikTok Investigations: TikTok has faced multiple legal challenges over its content moderation practices. In 2024, Utah’s Attorney General filed a lawsuit against the company, claiming that its livestreaming feature enabled the sexual exploitation of minors. Separately, Italy’s Competition Authority fined TikTok €10 million for failing to prevent the spread of harmful content.
• Meta and Child Safety Concerns: Facebook and Instagram (owned by Meta) have also been scrutinized. In 2023, a lawsuit was filed alleging that Meta’s algorithms amplified content that led to the exploitation of minors. These cases have intensified debates about whether social media companies should be held to higher responsibility standards.

Different Types of Sexual Harassment on Social Media

Social media platforms are often home to various forms of online abuse, including different types of sexual harassment. These can range from inappropriate comments and unwanted messages to more serious offenses such as grooming and revenge pornography. 

Understanding what is considered sexual abuse is crucial in distinguishing between different levels of misconduct.

Some of the most common types of harassment and abuse on social media include:

• Unsolicited explicit messages or images.
• Doxxing (publishing private information with malicious intent).
• Cyberstalking and repeated harassment.
• Coercion or threats related to sexual activities.
• Non-consensual sharing of intimate images.

Recognizing these behaviors and implementing stricter moderation policies are essential in reducing the risks of exploitation on digital platforms.

How Victims Can Seek Justice

Victims of online sexual exploitation face many challenges in pursuing legal action, but there are several avenues available:

1. Filing a Civil Lawsuit: Victims may take legal action against social media platforms if they can prove negligence or complicity in exploitation. Consulting with experienced attorneys is essential in navigating these complex cases.
2. Criminal Prosecution: If law enforcement can establish clear evidence of a crime, perpetrators can be prosecuted under existing state and federal laws.
3. Advocacy and Support Organizations: Groups such as the National Center on Sexual Exploitation and RAINN (Rape, Abuse & Incest National Network) provide resources, legal assistance, and advocacy to help survivors seek justice.
4. Legislative Advocacy: Many advocacy groups push for stronger laws to increase social media accountability. Victims and their families can support or participate in these initiatives to drive meaningful change.

The Path Forward: Balancing Innovation with Responsibility

Social media platforms face an ongoing challenge: balancing their commitment to free speech and innovation with protecting users from harm. While Section 230 provides strong legal protections for platforms, the rise in exploitation cases has prompted calls for reform.

Regulatory bodies, advocacy groups, and victims’ families continue to push for greater accountability, and the legal landscape is evolving to address these concerns. Whether through legislative measures like FOSTA-SESTA or legal action against companies that fail to protect users, the push for justice is gaining momentum.

Seeking Legal Assistance

If you or someone you know has been impacted by online sexual exploitation, understanding your legal rights is crucial. At Adamson Ahdoot, we provide dedicated legal representation, combining the personalized attention of a boutique firm with the resources of a larger practice.

With over 100 years of combined legal experience, our attorneys fight for justice and help victims seek compensation. We offer free consultations in English and Spanish to support our diverse clientele.

Call (800) 310-1606 today to schedule your free consultation.