Musk's X must face claim of negligence over child abuse images, judge rules

A federal appeals court ruled that X, owned by Musk, must face a negligence claim for failing to report a video of explicit images of two underage boys to the National Center for Missing and Exploited Children. The video, viewed over 167,000 times, was removed nine days after notification.

The case, predating Musk’s 2022 acquisition of Twitter (now X), involves plaintiffs John Doe 1 and John Doe 2. They were blackmailed via SnapChat into providing nude photos, later compiled into the video. “The facts alleged here, coupled with the statutory ‘actual knowledge’ requirement, separates the duty to report child pornography,” wrote Circuit Judge Danielle Forrest.

The court also found X’s infrastructure may hinder reporting child abuse material. X was granted immunity from claims of knowingly benefiting from sex trafficking or amplifying child pornography through search features. The plaintiffs, represented by the National Center on Sexual Exploitation, seek accountability through discovery and trial.