ESG-Based Litigation: A Solution to Social Media Companies’ Immunization from Liability for Human Trafficking on Their Platforms

Authors

• Grace Dore

First Page

401

Abstract

Social media platforms have transformed communication, but they have also become a critical tool for human traffickers, who use them to recruit victims, maintain control, and facilitate illegal activities. Despite this, social media companies have largely avoided legal accountability due to the broad immunity provided by Section 230 of the Communications Decency Act (“CDA”), which courts have interpreted to shield platforms from lawsuits arising from user activity. Congress has sought to address this gap through legislation such as the Trafficking Victims Protection Act (“TVPA”) and the Allow States and Victims to Fight Online Sex Trafficking Act (“FOSTA”). However, these efforts have largely failed to hold platforms accountable, leaving victims with limited legal recourse. This note proposes that environmental, social, and governance (“ESG”)-based litigation offers a promising alternative. By targeting corporate governance failures, fiduciary duties, and oversight of material risks, plaintiffs may bypass Section 230 immunity, focusing on companies’ accountability rather than their role as content publishers. Claims based on negligent product design offer an additional avenue for liability. The rise of ESG litigation, combined with whistleblower reports and congressional hearings highlighting platforms’ awareness of trafficking risks, underscores the growing momentum for this approach. While challenges remain, including the burden of proof and regulatory resistance, ESG-based litigation provides a practical framework for promoting corporate responsibility, protecting vulnerable individuals, and evolving governance in the digital age.

Recommended Citation

Grace Dore, ESG-Based Litigation: A Solution to Social Media Companies’ Immunization from Liability for Human Trafficking on Their Platforms, 20 Brook. J. Corp. Fin. & Com. L. 401 (2026).
Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol20/iss2/5