What is the liability of technology companies for user-generated content?

Technology companies in North Carolina are liable for user-generated content when certain conditions are met. This liability generally falls under the concept of vicarious liability, which occurs when a person (the technology company) is held responsible for another’s (the user) illegal actions. The North Carolina Supreme Court requires that the technology company in question must have some sort of control or right of supervision over the user-generated content in order to be held liable. For example, if a technology company creates a platform that allows users to post on it, then they can be vicariously liable for any illegal posts. The technology company is also liable if they are aware of the illegal content on their platform and do not take action to remove it. This is known as a “knowing disregard” standard, which means a technology company cannot turn a blind eye to illegal content. In addition, a technology company cannot be held liable if they can show that they did not have a realistic ability to control the content. For example, if a technology platform allows users to post anonymously, then the company can escape liability since they have no control over this content. Overall, technology companies in North Carolina can be held liable for user-generated content if they have some control over it, are aware of it, and fail to take action. The extent of their liability depends on the circumstances of the case and the legal standards used.

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