Elon Musk's X accused of hosting child pornography content; must face revived lawsuit over negligence
Elon Musk
's social media platform,
X
(formerly Twitter), of negligence in its response to
child pornography content
. While X benefits from broad immunity under Section 230 of the Communications Decency Act, the 9th US Circuit Court of Appeals ruled the platform must still face claims that it failed to act promptly after learning of a sexually explicit video involving two underage boys. The court's decision highlights growing concerns over how social media platforms handle
child exploitation online
.
Elon Musk's platform under fire despite legal protections
Although Elon Musk was not personally named in the lawsuit and the case predates his acquisition of Twitter in 2022, X remains legally vulnerable due to how it handled the content once it had 'actual knowledge.' Court documents state the platform took nine days to remove and report a video involving explicit images of minors—after it had been viewed over 167,000 times. Judge Danielle Forrest clarified that the statutory obligation to report child pornography overrides Section 230 protections once a platform becomes aware of such material.
Plaintiffs claim X made it hard to report child abuse
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The plaintiffs—referred to as John Doe 1 and John Doe 2—were 13 and 14 years old when a predator, posing as a peer on Snapchat, coerced them into sending explicit content. That material was later posted to Twitter, where it remained despite multiple user reports and a complaint from one of the boy's mothers. The court also revived a separate claim asserting that X's infrastructure made it unnecessarily difficult for users to report child sexual abuse material, suggesting flaws in platform design and moderation workflows.
Broader concerns about CSAM handling on X persist
Although some claims were dismissed—such as those alleging X profited from sex trafficking or designed features that "amplify" abuse—the lawsuit adds to existing criticism of the platform's response to child sexual abuse material. Nonprofits like Thorn have severed ties with X over payment disputes and policy concerns, and watchdogs report that illicit hashtags and spam accounts still circulate CSAM. While X has announced improvements in detection technology, critics say progress remains insufficient amid persistent issues.
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