90. Tort of facilitating or permitting applicable online harmful activity

in a manner that facilitates or permits any applicable online harmful activity to be conducted at that location; and

intending for any applicable online harmful activity to be conducted or with the knowledge that any applicable online harmful activity is likely to be conducted, at that location.

the purpose for which the online location is administered or used;

the profile of users who regularly access or are members or participants of the online location;

the nature and content of the materials communicated at the online location;

the moderation policies and practices applied at the online location;

the extent to which any applicable online harmful activity is being conducted or is prevalent at the online location;

any other relevant factor.Illustrations (a) X administers a website inviting users to make harassing posts about a person. X has facilitated the conduct of online harassment. (b) X administers a chat group inviting users to share intimate images of women. Although X requires users to confirm that the images are shared with consent, the profile of the users and the nature of the materials communicated in this group is such that X knows that it is likely that one or more persons will share these images without the consent of the women. X has facilitated the conduct of intimate image abuse in the chat group with the knowledge that such activity is likely to be conducted. (c) X administers a website for users to post job advertisements. Many users begin posting advertisements offering the sale of intimate images taken without consent. X is aware of those advertisements and the nature of what they offer. Even though intimate image abuse is prevalent on X’s website, X takes no steps to moderate the website. X has permitted the conduct of intimate image abuse at the website with the knowledge that such activity is likely to be conducted. (d) As in illustration (c), but X promptly takes down any offending advertisement within an hour, bans the accounts of those who post such advertisements, and issues warnings to users against posting such advertisements. X has not facilitated or permitted the conduct of intimate image abuse at the website.