United States of America: Issued Ninth Circuit Court of Appeal ruling affirming Section 230 of Communications Decency Act protects platforms from liability for displayed terrorist content (Twitter v Taamneh)

On 22 June 2021, the United States Court of Appeals for the Ninth Circuit upheld the district court ruling in the case of Twitter v. Taamneh. In particular, the Ninth Circuit confirmed the district court's decision that Section 230 of the Communications Decency Act (CDA) protected Twitter from being held responsible for allegedly providing material support to terrorists in violation of the Anti-Terrorism Act (ATA) by displaying the Islamic State in Iraq and Syria (ISIS) content. The Ninth Circuit also rejected Taamneh's claim that Twitter's terms of service constituted a clear renunciation of Section 230 immunity. The court ruled that Twitter's terms of service did not waive its immunity under Section 230. The case concerns a mass shooting that occurred in Istanbul in 2017, claimed by the terrorist organisation 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.