Social media companies are not liable for the racist murders committed by Payton Gendron in Buffalo, New York in 2022. A New York court has ruled this. Gendron was radicalized on social media.
The New York court states that online platforms such as Facebook, Instagram, and YouTube are immune thanks to a law that protects them from liability for user content. Three of the five judges agreed. The ruling overrules a lower court’s judgment.
The ruling stems from the murder of ten black people by eighteen-year-old Payton Gendron in Buffalo in 2022. He had a racist motive and radicalized while using social media. He also broadcast the massacre live on the internet.
But if social media were held liable for this act, according to the judges, it would result “in the end of the internet as we know it.” They argue that the platforms merely “show and sort” content. However, they acknowledge that “disgusting content prompted Payton to murder black people because of their skin color.”
The two judges who disagreed with the ruling do see a responsibility for the social media companies. According to them, the platforms distribute content in such a way that users keep watching. “That can be about cooking and puppies, but also about toxic, racist content.”
Gendron pleaded guilty to murder and hate-motivated terrorism. In February 2023, he was sentenced to life in prison without the possibility of parole. A federal prosecution is still ongoing, where he could face the death penalty in 2026.