Child Pornography Lawsuit Against Pornhub Can Go Forward

So holds Judge L. Scott Coogler (M.D. Ala. Doe v. MG Freesites LTD. Here’s a short extract from my long opinion

[I]f Plaintiffs’ allegations are true, Defendants, through Pornhub and other sites, host and harbor child pornography—i.e., knowingly receive and possess it—which are illegal acts under the United States Code and which are prosecuted in proceedings against individuals every day. Then, how could corporate defendants escape being punished for similar illegal acts? Further, Plaintiffs’ allegations here are … that Defendants not only received, possessed, distributed and failed to remove CSAM [child sexual abuse material, such as children being raped or assaulted], … but they also played a vital role in the creation and development of CSAM, such as by using keywords and tags to encourage users to find CSAM, such as the “Lil” tag used on videos of Plaintiff Doe #1.

Also, the court concludes that Pornhub’s actions, even if true, would not be subject to civil liability under 47 U.S.C. § 230: “that Defendants are not subject to Section 230 immunity … [because they]Contribute materially to the creation or distribution of illegal content via their platforms.