A federal judge has dismissed a lawsuit against Meta filed by adult entertainers who alleged the company had unfairly restricted their content on Instagram. 

Per a Puck report, U.S. District Court Judge William Alsup granted summary judgment in favor of Meta on September 23, citing insufficient evidence to proceed with the case.

The lawsuit, which had been ongoing for over two years, centered on claims that Meta had placed adult performers on a “Dangerous Organization and Individual” (D.O.I.) list, effectively shadow-banning their content. 

The plaintiffs, including adult entertainers Alana Evans, Kelly Pierce, and Ruby, suggested that OnlyFans had bribed Meta to suppress competing adult content creators.

During the legal proceedings, Judge Alsup expressed concerns about Meta’s data retention practices. The company claimed it no longer had access to certain D.O.I. list data from 2019, prompting Alsup to describe the situation as “nefarious” and suggesting it could be interpreted as destroying evidence.

Meta’s legal team from Kirkland & Ellis initially described a rigorous process for adding individuals to the D.O.I. list, involving multiple departments and unanimous approval from a leadership group. However, they later admitted that this process could be bypassed and that removal decisions were made informally until 2019.

Despite these revelations, Judge Alsup concluded that the plaintiffs lacked sufficient evidence to support their claims. 

“It is concerning that Meta overlooked producing records,” Alsup stated. “Nevertheless, … it does not move the needle; there is insufficient evidence to proceed past summary judgment.”

The case had potential implications for Meta’s content moderation practices and its application of Section 230 protections. The tech giant opposed an earlier attempt by the plaintiffs’ attorney to dismiss the case, possibly seeking to establish a precedent regarding its content moderation practices.

Regulatory Crackdown

Tech companies such as Meta, Snap, and TikTok have faced lawsuits alleging their platforms contributed to teen suicides. Earlier this year, lawmakers put major social media platforms on blast for failing to protect children and teens.

“We’ve known from the beginning that our efforts to protect children online would be met with hesitation from Big Tech,” Senate Majority Whip Dick Durbin and Senator Lindsey Graham said in a press release. “They are finally being forced to acknowledge their failures when protecting kids.”

California Governor Gavin Newsom recently signed a bill that will take effect in 2027 and significantly alter how minors in the state interact with social media platforms. 

First, the bill prohibits social media platforms from providing “addictive feeds” to minors without parental consent. Second, the law restricts social media platforms from sending notifications to minors without parental approval during specific times.

The legislation has drawn opposition from the ACLU of California, Equality California, and associations representing major tech companies like TikTok and Meta.