Beyond Section 230 Liability for Facebook

In this Article, I argue that there are several possible bases for civil liability for platform companies and focus specifically on Facebook (now Meta). Not all platform companies are the same, and Facebook is unique in many ways that make it a particularly inviting object of discussion regarding the imposition of tort liability. Notably, it has repeatedly made promises to the public about the nature of its products and services and has repeatedly broken those promises. As a result, it has earned a special place of distrust in the hearts of many despite its billions of users.

Lawsuits that focus on Facebook’s content are typically dismissed because of the broad immunity provided by section 230 of the Communications Decency Act. This Article explores how Facebook might be civilly liable without implicating section 230’s protections. The need for imposing a civil liability regime upon platform companies is particularly critical as the metaverse and Web 3.0 beckon. The potential liability that platform companies have will affect the care they take in designing and creating the next generation of digital technologies. Part I explores the potential tort liability claims against Facebook. Part II discusses the potential warranty and contract related claims.