Holding platforms accountable for online abuse is thorny and complicated, but focusing on their negligent design choices may be the key.
of 2017, three Wisconsin teenagers were killed in a high-speed car crash. At the time of the collision, the boys were recording their speed using Snapchat's Speed Filter—123 miles per hour. This was not the first such incident: The same filter was linked to several other crashes between 2015 and 2017.is a professor in the Department of Electrical Engineering & Computer Sciences and the School of Information at UC Berkeley and a senior advisor to the Counter Extremism Project.
Platforms are largely immune from being held liable for this kind of content due to Section 230. But, in this important case––the Ninth Circuit made a critical distinction between a platform’s own harmful product design and its hosting of harmful third-party content. The argument wasn’t that Snapchat had created or hosted harmful content, but rather that it had negligently designed a feature, the Speed Filter, that incentivized dangerous behavior.
–materially contribute to harm because they prioritize outrageous and sensational material, and they encourage and monetarily reward users for creating such content. YouTube designed its recommendation features to increase user engagement and ad revenue. The creators of this system should have known that it would encourage and promote harmful behavior.
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