Section 230 Motion to Dismiss (Denied in Substantial Part)

Commonwealth v. Meta Platforms, Inc.

🏛 Mass. Superior Ct. · 📅 2024-01-01 · 📑 2024 Mass. Super. LEXIS 161 (Mass. Superior Ct. 2024)

Issue

Whether § 230 bars the Massachusetts Attorney General's parens patriae claims that Meta designed its platforms to be addictive to children and to expose them to harmful content, in violation of Massachusetts consumer protection law.

What Happened

The Massachusetts Attorney General filed suit against Meta alleging that Instagram and Facebook were designed to exploit the psychology of minors, create compulsive usage patterns, and expose children to harmful content and online predators — all in violation of the Massachusetts Consumer Protection Act and other state statutes. Meta moved to dismiss under § 230. The court denied dismissal in substantial part, holding that the AG's claims targeted Meta's own product design decisions rather than user-generated content and were therefore not barred by § 230.

Why It Matters

Part of the wave of state attorney general actions against social media platforms for child safety violations. The court's refusal to dismiss on § 230 grounds reflects the growing judicial receptivity to design-defect and deceptive-business-practice theories that target platform architecture rather than content moderation decisions.

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