A Ninth Circuit panel went out of its way to address Section 230 in a Rohingya genocide lawsuit against Meta, despite the lower court dismissing on statute of limitations grounds without mentioning the immunity law. The panel requested supplemental briefings and applied Section 230 de novo, despite not being required to discuss it.

The court ruled that Section 230 applies to Meta's algorithmic content promotion, stating that "matching users with content is publishing conduct." This reinforces that product design choices by platforms constitute editorial decisions protected by the law. The panel rejected arguments that Meta should have done more content moderation.

The court dismissed claims that Myanmar law should govern, emphasizing US interest in applying Section 230. Judges found Facebook's social rewards system "on its face, neutral" with no evidence Meta specifically treated anti-Rohingya content differently, ending the case with a definitive application of platform immunity.