Two years ago, the BBC, Wired, and other major media outlets reported on what appeared to be an incredible scandal: allegations that Instagram executives were bribed to put certain adult entertainers on a terrorism watch list. According to an anonymous whistleblower, OnlyFans had orchestrated the scheme to place rival performers on the list, thereby reducing competition for its own creators. This made-for-the-tabloids scandal quickly blossomed into a proposed class action, with a group of adult performers accusing Instagram’s parent company, Meta, of collusive shadow-banning. Porn stars planned to pack an L.A. courtroom next month to confront Meta brass at trial.
Alas, U.S. District Court Judge William Alsup has just canceled the trial and reluctantly declared Meta victorious. The plaintiffs’ legal footing was weak—scant evidence of bribes, trouble demonstrating lost traffic, and abandoned attempts to certify a class action. The lawyering was shaky, too. David Azar, the attorney for the adult entertainers, was continually criticized by Alsup over his handling of the case.
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