Case Digest on Twitter v. Taamneh
Mere creation of social media platforms or failure to remove certain content therein is not sufficient to establish aiding and abetting liability.
This ruling on Twitter v. Taamneh in 2023 provides protection for communication service providers, such as social media companies, against potentially broad liability claims. Check out this two-minute case digest by Audio Law Reader.🎧📚
FACTS OF THE CASE:
In 2017, Masharipov executed a terrorist attack at a nightclub in Turkey, acting on behalf of ISIS, resulting in the tragic death of Alassaf and 38 others. In response, the Alassaf family initiated a lawsuit to target social media giants, including Twitter, for their alleged involvement in aiding and abetting ISIS activities. The plaintiffs claimed that these companies knowingly permitted ISIS and its supporters to use their platforms for recruitment, fundraising, and propaganda dissemination.
ISSUE OF THE CASE:
Whether the social media companies could be held accountable for aiding and abetting ISIS in the terrorist attack
RULING OF THE CASE:
No, the social media companies could not be held accountable for aiding and abetting ISIS in the terrorist attack.
The Court found that the plaintiffs' allegations failed to establish that the companies knowingly provided substantial assistance to ISIS in carrying out the terrorist attack on the nightclub.
The Court emphasized that for aiding and abetting liability to apply, a high level of culpable participation was required, and the actions of the social media companies did not meet this threshold.
Furthermore, the Court emphasized that their mere creation of virtual platforms and insufficient steps to remove ISIS-related content did not constitute knowing and substantial assistance to the terrorist attack.
IMPACT TO THE LEGAL SYSTEM:
This case provides important clarification on the standard for aiding and abetting liability in cases involving terrorism and the internet.