Manipulated by predators, sold for sex: 12 survivors of online sexual exploitation denied justice

1. M.H. v. Omegle.com, LLC (11th Cir. 2024)

During the COVID-19 pandemic, 11-year-old C.H. craved human contact, so she logged onto Omegle for a video chat with other children. After the call ended, the website randomly moved her into another chat room, but this time, she couldn't see the person on the other side of the screen.

The stranger threatened to hack the minor's personal devices if she did not remove her clothes and perform sexual actions. C.H. eventually gave in to the stranger's demands, and he took screenshots of the minor.

After the girl told her parents what happened, they called the police and later attempted to sue Omegle for the lack of regulations that allowed C.H. to connect with an unknown man. 

According to a summary of the case, the U.S. District Court for the Middle District of Florida dismissed the claims, citing Section 230 of the Communications Decency Act.

While there is a sex trafficking exception to Section 230, the court said that it wasn't applicable in this case because C.H.'s parents did not allege that Omegle.com had actual knowledge of benefiting from sex trafficking.

The U.S. 11th Circuit Court of Appeals reviewed the case, but it also held that the exception to Section 230 would require Omegle to have had knowledge of the sex trafficking incident involving C.H.