Ninth Circuit takes up thorny issue of immunity for gambling app purveyors

Monday, April 8, 2024 9:19 PM
  • Natalie Hanson, Courthouse News Service

A Ninth Circuit panel will decide whether Apple, Meta and Google enjoy immunity from lawsuits over what the plaintiffs claim are illegal gambling apps being sold or offered on their platforms.

Plaintiffs in three lawsuits challenge a federal judge’s finding the three tech giants enjoy immunity under Section 230 of the Communications Decency Act except when the platforms have processed what the judge called “unlawful transactions for unlawful gambling.”

But in the same ruling, U.S. District Judge Edward Davila on his own accord asked the Ninth Circuit to review his findings and stayed the case pending the appellate court’s decision. The plaintiffs are appealing that ruling, saying that the companies are not granted immunity under Section 230 — which protects the platforms from liability over the content they disseminate.