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A. - Page 8 of 14 <br />Background Information to Resolution <br />Source: City of Cerritos <br />Background: <br />Social media platforms are now used as a primary means of communication, including by <br />criminals who use them to advertise locations, dates, and times where the criminal acts will take <br />place. Such communications, because they occur online, render the online platfonn fin mune <br />from any civil liability for the costs incurred by law enforcement agencies that respond under <br />Section 230 of the Communications Decency Act of 1996. Immunity from civil liability extends <br />even to injunctive relief, thus preventing local governments from merely seeking an injunction <br />against the online platform to have such a post removed. <br />The City of Cerritos supports the rights of free speech and assembly guaranteed under the First <br />Amendment, but believes cities should have the ability to hold social media companies liable for <br />their role in promoting criminal acts. Recently, the City suffered thousands of dollars in damages <br />to respond to online threats that the Cerritos Mall would be looted. Anonymous posts on <br />Instagram.com invited followers to "work together to loot Cerritos [M]all" only several days <br />after the Lakewood Mall had been looted, causing thousands of dollars in damages. The posts <br />were made under the names "cerritosmalllooting" and "cantstopusall," among others. The City of <br />Cerritos had no choice but to initiate response to protect the Mall and the public from this <br />credible threat. <br />At the same time local governments face historic shortfalls owing to the economic effects of <br />COVID-19, the nation's social media platforms are seeing a record rise in profits. The broad <br />immunity provided by Section 230 is completely untenable. Online platforms should be held <br />responsible—and liable—for the direct harm they facilitate. Local governments are in no <br />position to bear the costs of the crimes facilitated by these companies alone. <br />Congress is currently reviewing antitrust legislation and by extension, Section 230's immunity <br />provisions. The League urges Congress to amend Section 230 to limit the iminunity provided to <br />online platforms when they promote criminal activity to provide local governments some <br />measurable form of relief. <br />7 <br />144 <br />