United States of America: Issued Supreme Court decision in an appeal concerning online platforms' liability for displayed terrorist content under Anti-Terrorism Act (Twitter v Taamneh)

On 18 May 2023, the Supreme Court issued a ruling in the appeal case challenging the Ninth Circuit Court decision in Twitter v Taamneh case concerning online platforms' liability for displaying terrorist content under Anti-Terrorism Act. The case pertains to a mass shooting that occurred in Istanbul in 2017 and was claimed by a terrorist organisation, the Islamic State in Iraq and Syria (ISIS). The plaintiffs filed a lawsuit against Twitter, alleging it contributed to the terrorist organisation's growth by allowing ISIS to use the platform for recruitment and propaganda, leading to the incitement of violence, in violation of the Anti-Terrorism Act (ATA). The Supreme Court affirmed that the complaints did not state a viable claim and returned the case to the Ninth Circuit Court. The plaintiffs alleged that Twitter recommendation algorithms don't constitute "passive aid" but rather qualify as "substantial assistance". The Supreme Court differed and noted that Twitter recommendation algorithms are part of the infrastructure the platform provides to users. The fact that the algorithms matched ISIS content with users does not qualify as "active abetting" or "substantial assistance". The second claim was regarding Twitter's failure to act by removing ISIS' content. The Court noted that plaintiffs failed to demonstrate that Twitter would have a duty to suspend accounts, "terminate customers", after finding that its platform was used for "illicit ends". Furthermore, the Court noted that even if Twitter would have such a duty, the inaction cannot be considered as providing "substantial assistance" and "aiding and abetting" the terrorist account.