Ninth Circuit Correctly Rules That Dating App Isn’t Liable for Matching Users

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The U.S. Court of Appeals for the Ninth Circuit correctly held that Grindr, a popular dating app, can’t be held responsible for matching users and enabling them to exchange messages that led to real-world harm. EFF and the Woodhull Freedom Foundation filed an amicus brief in the Ninth Circuit in support of Grindr.

Grindr and other dating apps are possible thanks to strong Section 230 immunity. Without this protection, dating apps—and other platforms that host user-generated content—would have more incentive to censor people online. While real-world harms do happen when people connect online, these can be directly redressed by holding perpetrators who did the harm accountable.

The case, Doe v. Grindr, was brought by a plaintiff who was 15 years old when he signed up for Grindr but claimed to be over 18 years old to use the app. He was matched with other users and exchanged messages with them. This led to four in-person meetings that resulted in three out of four adult men being prosecuted for rape.

The plaintiff brought various state law claims against Grindr centering around the idea that the app was defectively designed, enabling him to be matched with and to communicate with the adults. The plaintiff also brought a federal civil sex trafficking claim.

Grindr invoked Section 230, the federal statute that has ensured a free and open internet for nearly 30 years. Section 230(c)(1) specifically provides that online services are generally not responsible for “publishing” harmful user-generated content. Section 230 protects users’ online speech by protecting the intermediaries we all rely on to communicate via dating apps, social media, blogs, email, and other internet platforms.

The Ninth Circuit rightly affirmed the district court’s dismissal of all of the plaintiff’s claims. The court held that Section 230 bars nearly all of plaintiff’s claims (except the sex trafficking claim, which is exempted from Section 230). The co

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