They would very likely be liable under SESTA/FOSTA, although I don't know how much precedent exists around that specific law right now. This is part of the reason why many adult sections on sites like Reddit/Craigslist were shut down after SESTA/FOSTA passed. The companies didn't want to risk extra liability in that area.
Section 230 also wouldn't have necessarily protected them before SESTA/FOSTA either, federal criminal liability was always exempted. It's just that SESTA/FOSTA made that a lot more explicit and generally widened that liability.
Section 230 isn't a blanket protection against literally anything (it also has a number of holes surrounding copyright). It's just a much broader protection than many people online think, and the areas where it doesn't protect platforms typically don't line up well with where Internet commenters think it shouldn't protect companies.
IANAL, don't go out and do something stupid and then claim that I said it was legally OK. But in general a good heuristic for talking about Section 230 online is that it's, "not unlimited, but probably broader than you're thinking." But if you're trying to launch your own service or something and you want legal advice about where exactly the line is drawn, you should talk to an actual lawyer.
Section 230 also wouldn't have necessarily protected them before SESTA/FOSTA either, federal criminal liability was always exempted. It's just that SESTA/FOSTA made that a lot more explicit and generally widened that liability.
Section 230 isn't a blanket protection against literally anything (it also has a number of holes surrounding copyright). It's just a much broader protection than many people online think, and the areas where it doesn't protect platforms typically don't line up well with where Internet commenters think it shouldn't protect companies.
IANAL, don't go out and do something stupid and then claim that I said it was legally OK. But in general a good heuristic for talking about Section 230 online is that it's, "not unlimited, but probably broader than you're thinking." But if you're trying to launch your own service or something and you want legal advice about where exactly the line is drawn, you should talk to an actual lawyer.