Houston Chronicle

Lawsuits over Facebook sex traffickin­g can proceed

- By Gabrielle Banks STAFF WRITER gabrielle.banks@chron.com

A Texas appeals court has rejected Facebook’s efforts to halt multiple lawsuits accusing the social media juggernaut of knowingly permitting sex trafficker­s to recruit through its various platforms.

The lawsuits were brought by three Houston women recruited as 13-,14and 16-year-olds through Facebook apps. The social media company appealed the rulings to the 14th Court of Appeal. The appeals court issued three parallel rulings all reflecting a 3-2 majority. In each case there was a dissenting ruling from Justice Tracy Christophe­r, who found Facebook should be cloaked in federal statutory immunity.

Annie McAdams, the lawyer who sued on the young women’s behalf, said she expects Facebook will seek to halt the cases by appealing the lower courts’ finding to the state supreme court.

A Facebook spokespers­on declined to comment on the rulings. The company previously told the Houston Chronicle that human traffickin­g is not permitted on the site and staffers must report all instances of traffickin­g they’re aware of.

The trio of Houston lawsuits make the case that Facebook and its various apps and commoditie­s should not be protected by blanket legal immunity and that Houston is the right place to proceed, even if Facebook is based in Silicon Valley.

“Houston is the backyard of where these children were harmed,” McAdams said.

The ruling came from civil judges in October. The appeals court agreed with plaintiffs in separate rulings that Facebook was not immune.

Facebook argued that it was protected from answering lawsuits because it had immunity under the Communicat­ions Decency Act, a 1996 law written to address defamation cases against technology cases during the dial-up era.

Lawyers argued on behalf of the young girls trafficked through the site that the Communicat­ions Decency Act was never meant to protect tech companies from any and all claims. The case broke new ground arguing that the federal Stop Enabling Sex Trafficker­s Act and the Fight Online Sex Traffickin­g Act, known as FOSTA-SESTA, makes it illegal to knowingly assist, facilitate, or support sex traffickin­g. It amended portions of the Communicat­ions Decency Act that said online companies were immune from civil liability if their users violated sex traffickin­g laws.

McAdams and her cocounsel argued that Facebook was knowingly benefiting from facilitati­ng sex traffickin­g, even if it didn’t endorse it.

One of the cases, involving a 14-year-old from Spring, recounts how the girl was recruited, groomed and sold in 2018 by a man she met on Instagram. The trafficker beat her and sold her for commercial sex for three weeks. McAdams said the child has undergone intensive therapy in the years since.

 ?? NurPhoto / NurPhoto via Getty Images ?? Facebook’s attempt to stop lawsuits alleging it allowed pimps to recruit online was rejected.
NurPhoto / NurPhoto via Getty Images Facebook’s attempt to stop lawsuits alleging it allowed pimps to recruit online was rejected.

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