US appeals court reinstates case against X over child pornography video

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A US appeals court reinstated part of a lawsuit against X, ruling the platform may be liable for failing to promptly report child sexual abuse material to authorities.

'X' logo is seen on the top of the headquarters of the messaging platform X, formerly known as Twitter (Photo: Reuters)

India Today World Desk

UPDATED: Aug 2, 2025 05:25 IST

The 9th US Circuit Court of Appeals in San Francisco ruled Friday that Elon Musk’s social media platform X, formerly Twitter, must face a negligence claim for failing to promptly report child sexual abuse material to federal authorities. The court revived part of a lawsuit accusing X of becoming a hub for child exploitation, while affirming the platform’s broad immunity under Section 230 of the Communications Decency Act for user-generated content.

ALL ABOUT THE CASE

The case centers on a video containing explicit images of two underage boys, which remained on Twitter for nine days and garnered over 167,000 views before the company removed it and reported it to the Center for Missing and Exploited Children (NCMEC). The lawsuit alleges that X’s delay in reporting violated its legal duty once it had actual knowledge of the content.

Circuit Judge Danielle Forrest wrote in the ruling: “The facts alleged here, coupled with the statutory ‘actual knowledge’ requirement, separates the duty to report child pornography to NCMEC from Twitter’s role as a publisher.”

John Doe 1, one of the plaintiffs, said he was 13 when he and his friend, John Doe 2, were tricked on Snapchat into sending nude photos to someone they believed was a 16-year-old girl. The individual turned out to be a child pornography trafficker who blackmailed the boys into sending more images. The trafficker later compiled the photos into a video and posted it on Twitter.

The appeals court ruled that X must also face a claim that its infrastructure made it too difficult for users to report child pornography. However, the court dismissed claims that X knowingly benefited from sex trafficking or amplified such content through its search features.

The case predates Musk’s 2022 acquisition of Twitter. Musk is not named as a defendant. A trial judge had previously dismissed the case in December 2023. X’s legal team did not respond to requests for comment.

A CALL FOR ACCOUNTABILITY

Dani Pinter, an attorney at the Center on Sexual Exploitation, which represents the plaintiffs, welcomed the decision. “We look forward to discovery and ultimately trial against X to get justice and accountability,” she said in a statement.

The case, titled Doe 1 et al v Twitter Inc et al, is being heard under docket number 24-177 in the 9th US Circuit Court of Appeals.

- Ends

With inputs from Reuters

Published By:

Ishita Bajpai

Published On:

Aug 2, 2025

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