Plaintiffs – three minor girls – alleged that they were subjected to multiple instances of rape by adults who contacted them through advertisements posted on Backpage.com. Plaintiffs sued the website and its owner alleging various claims.
Defendants moved to dismiss the claims, arguing that Section 230 (47 U.S.C. ยง 230) shielded the website from liability arising from content posted by the site’s users. The lower court denied the motion to dismiss, finding that the site’s involvement went beyond passive hosting. Plaintiffs had claimed the website’s advertisement posting rules were intentionally designed to aid in evading law enforcement scrutiny, thereby facilitating the illegal trafficking and exploitation of minors. Defendants sought review with the court of appeals, which certified the question to the Washington state Supreme Court.
The Supreme Court affirmed the denial of the motion to dismiss. The court emphasized the necessity for further investigation into the website’s practices to determine the extent of its involvement in the alleged illegal activities. It found that plaintiffs’ allegations suggested that Backpage had specific content requirements and posting rules that, while outwardly appearing to comply with legal standards by prohibiting explicit content, were allegedly crafted in such a manner as to facilitate the concealment of illegal activities, including the sexual exploitation of minors.
J.S. v. Village Voice Media Holdings, LLC, 359 P.3d 714 (Wash., September 3, 2015)