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MA: Section 230 Immunity Not Applicable to Allegations of Platform Design to Create Compulsive Use by Children

By Christopher Robinette on August 17, 2026
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Commonwealth v. Meta Platforms, Inc., 497 Mass. 384, 386, 404, 409, 277 N.E.3d 166, 170, 183, 187 (2026) (upholding denial of motion to dismiss both statutory unfair trade practices act and public nuisance claims because of immunity created by §230 of Communications Decency Act where Commonwealth alleged that defendant had “design[ed] the Instagram platform to induce compulsive use by children, engaged in deceptive business practices by deliberately misleading the public about the safety of the platform, and created a public nuisance by engaging in these . . . practices. . . . [W]here the service provider created, in whole or in part, the content from which the alleged harm flows, it is not protected by §230(c)(1) . . . [T]he published information itself is not the source of the harm alleged. Instead, the claim alleges that the features themselves induce compulsive use independent of the content provided by third-party users.”).

Photo of Christopher Robinette Christopher Robinette

Christopher J. Robinette, an expert in tort law and theory, was appointed Professor of Law at Southwestern Law School in 2021.  He teaches Torts, Products Liability, and Foundations of Tort Law Seminar.

Professor Robinette serves as the United States Representative to the European…

Christopher J. Robinette, an expert in tort law and theory, was appointed Professor of Law at Southwestern Law School in 2021.  He teaches Torts, Products Liability, and Foundations of Tort Law Seminar.

Professor Robinette serves as the United States Representative to the European Group on Tort Law.  In 2012, Robinette was elected a member of the American Law Institute (ALI); in 2019, the ALI Council appointed him as Adviser to the Restatement of the Law Third, Torts.  Robinette also serves on the editorial board of the Journal of Tort Law, the only peer-reviewed journal devoted to tort law in the United States, where he previously served as editor-in-chief. He serves as an editor of a leading torts treatise, Harper, James & Gray on Torts, and a leading insurance treatise, New Appleman on Insurance Law Library Edition.  Additionally, Robinette edits TortsProf Blog, a member of the Law Professor Blogs Network. He is an elected member of the European Centre for Tort and Insurance Law and a contributing editor at JOTWELL Torts. Robinette served as chair of the AALS Torts & Compensation Systems Section in 2017.

He has presented on tort law across the United States and the world, including the United Kingdom (Oxford), Poland, Austria, and Malaysia (where he won a “Best Paper” award).  Professor Robinette’s work has been cited by federal and state courts in numerous jurisdictions.  He is frequently quoted in the media in outlets such as the Associated Press, Bloomberg, Reuters, and The Washington Post.

Before coming to Southwestern, Robinette was Professor of Law at Widener University Commonwealth Law School, where he won both scholarship and teaching awards on multiple occasions.  In 2018, he received the Lindback Foundation’s Award for Distinguished Teaching at Widener, a university-wide recognition awarded to one professor per year.  Robinette was also a visiting professor at the University of Iowa and Washington University in St. Louis.

Robinette served on the Advisory Board of Salvation Army corps in both Charlottesville, Virginia and Harrisburg, Pennsylvania; he was Chair of the Harrisburg Capital City Region Advisory Board from 2010-2012.  He was a member of the UPMC/Pinnacle Health Ethics Committee for several years, primarily addressing end-of-life issues.

Robinette litigated tort and contract cases prior to becoming a law professor, experiences he uses to engage students in his classes.

Read more about Christopher RobinetteEmail
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  • Posted in:
    Communications, Media & Entertainment, Technology and AI
  • Blog:
    TortsProf Blog
  • Organization:
    Law Professor Blogs Network
  • Article: View Original Source

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