X has to prove it wasn’t negligent when removing CSAM from its site

X isn’t off the hook yet when it comes to a significant legal case about child sex abuse content on its platform. On Friday, a circuit judge from the US Court of Appeals ruled that X Corp. has to again face claims that it was negligent in taking down child sex abuse content and didn’t have an effective reporting infrastructure for these offenses.

This ruling from Judge Danielle Forrest is the latest step in a lawsuit filed in 2021 against Twitter, before it was rebranded to X. The suit lists two underage boys as the plaintiffs and alleges Twitter, now X, “slow-walked its response to reports about, and did not immediately remove from the platform, pornographic content that a trafficker had coerced plaintiffs into producing.”

A previous decision with a three-judge panel unanimously decided that X was legally immune thanks to Section 230 of the Communications Decency Act, which offers wide-reaching protections to online platforms from the content that’s posted by its users. This latest decision from Judge Forrest agrees with parts of the previous ruling, but claims that X was negligent in this case and has to defend itself against the lawsuit’s claims that the platform makes it “too difficult to report child pornography that is posted on Twitter.”

The case revolves around a 13-year-old and a 14-year-old boy who were tricked by online sex traffickers into sending sexually explicit photos, according to the lawsuit. The illegal content was then posted to Twitter, and the 13-year-old filed a report against it through Twitter’s content reporting interface, as detailed in the suit. The boy’s mother also filed a report, didn’t receive anything but an automated response, and had to follow up before receiving a response that Twitter didn’t find any policy violations and wouldn’t take further action, according to the lawsuit. The suit claimed that Twitter eventually removed the post nine days after the initial report, suspended the poster’s account and reported the content to the National Center for Missing and Exploited Children, which is required by federal law. The lawsuit could set a major precedent in how social media platforms operate, especially if it makes it to the Supreme Court, but X will first have to defend itself against these claims again in district court thanks to this latest decision.