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Section 230 Immunizes OnlyFans for User-Uploaded Video–DOE vs. Fenix

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and...

[OnlyFans] (a) required Romelus to include social media hyperlinks in his profile, which in turn focused on sexually exploiting “drunk girls,” “stupid college girls,” “freaky girls,” and so forth; (b) displayed a check mark next to Romelus’ name showing that he was “verified” and creating the impression he should be trusted; (c) created its own content and webpage posts, which linked viewers to Romelus’ profile and videos and which added new captions, new video and content summaries, new animations and/or new video thumbnails; (d) failed to enact or enforce any safeguards to remove trafficked material from the website; (e) anonymized web traffic and utilized a paywall in order to make it easier for content providers to sell illegal material on the website; (f) failed to enforce its alleged corporate policy requiring a signed release form showing consent by any third party (like Plaintiff) who appears in a posted video and (g) took a 20% share of the profits from all of Romelus’ videos. The court responds: “Pointing to persuasive case law, Fenix contends that Plaintiff’s allegations far well short of what is needed to overcome CDA immunity. OnlyFans’ failure to enforce its policy requiring signed model releases didn’t add to the illegality and runs contrary to Section 230’s negation of the moderator’s dilemma.

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