Twitch responds to $25m lawsuit about "suggestive" female streamers - Dexerto

Twitch responds to $25m lawsuit about “suggestive” female streamers

Published: 23/Aug/2020 13:12 Updated: 23/Aug/2020 13:45

by Calum Patterson


Amazon-owned Twitch has responded to a lawsuit filed against the livestreaming platform, which requested $25 million in damages because of suggestive content on the site. In their response, Twitch has filed for a SLAPP motion.

In June, frequent plaintiff Erik Estavillo filed a lawsuit against Twitch, demanding damages due to claims that the platform had made him suffer through medical problems related to sex addiction, because of the content and algorithms on the site.

Specifically, Estavillo listed the names of female Twitch streamers he sought to be permanently banned from the platform, arguing that they violated the platform’s own community guidelines.

The lawsuit, which was, at points, extremely descriptive, received widespread coverage for its complaints, especially because of the high-figure that was requested in damages.

Twitch files Anti-SLAPP motion

In a response, filed on August 18, Twitch’s lawyers have asked for the complaint to be struck under Anti- SLAPP laws. Anti-SLAPP laws are intended to protect businesses and individuals from essentially baseless legal proceedings. Typically, these are suits only intended to be costly or time-wasting for the defendant, rather than actually seeking victory for the plaintiff.

Twitch has requested that the court strike the plaintiff’s complaint “on the grounds that Plaintiff’s Complaint against Twitch is subject to a special motion to strike under California Code of Civil Procedure § 425.16.”

Code 425.16 refers to “a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.”

Specifically, Twitch states that Estavillo’s claims “violate California’s SLAPP statute, C.C.P. § 425.16. Plaintiff’s Complaint attempts to limit Twitch’s right to decide what content to allow or not allow on its service, which falls squarely within Twitch’s protected constitutional right of free speech.”

Alinity in lawsuitAlinity was just one of the streamers named in Estavillo’s complaint against Twitch.

“Fortunately, California’s SLAPP statute provides a mechanism for protecting against abusive lawsuits such as this one,” Twitch continues. “Because Plaintiff’s Complaint arises directly from content available in a public forum and acts in furtherance of speech about matters of public interest, the SLAPP statute shifts the burden to him to present admissible evidence substantiating his claims.”

Twitch states that Estavillo’s complaint does not meet this burden to “establish a probability that he will prevail on his claims,” for two reasons:

  1. Plaintiff’s Complaint is barred in its entirety by the federal Communications Decency Act, 47 U.S.C. § 230(c).
  2. Even if not barred by the Communications Decency Act, Plaintiff’s Complaint fails to state a viable claim under California law.

Twitch also notes that it is protected from such claims, as its Terms of Service state it “takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, p****graphy, or profanity you may encounter when using the Twitch Services.”

You can read Twitch’s full response here:

They also highlight the plaintiff’s history of prior lawsuits against major tech companies, and use quotes from his book, The PSN Plaintiff, such as bragging he has made “a pretty decent online presence in the light of my lawsuits.”

If the plaintiff cannot meet the burden of evidence showing they can win the suit, then the case will be dismissed under Anti-SLAPP proceedings. Anti-SLAPP statutes often allow the defendant to collect attorney’s fees from the plaintiff.


How to watch the TikTok Room Awards: Nominees, results & more

Published: 28/Nov/2020 16:01

by Charlotte Colombo


Popular drama page TikTok Room delighted its 1.8 million followers this week when, on November 25, they announced on their Instagram that they would be hosting their very own awards show!

The post also announced that voting would be on Friday 27 November, with the awards then streaming tonight on Saturday 28 November.

Details surrounding what the award categories were was initially vague, with the account teasing more information throughout the week before opening the polls on Friday for fans to vote for some of their favorite TikTokers in various categories.

Despite the categories remaining unclear prior to voting being open, that didn’t stop some of TikTok’s biggest stars endorsing the awards and encouraging fans to vote for them.

Among other famous faces like Skai Jackson, Nessa Barrett, and Jacob Sartorius, Sway House star Bryce Hall endorsed the awards in a video, joking that he was probably nominated in the “most problematic” category, while Charli D’Amelio, who recently reached 100k followers on the TikTok, told her fans that “there is a special award show on Sunday” and encouraged them all to vote.

Although some fans found that there was difficulty submitting their votes – with TikTok Room explaining in an Instagram post that this was due to heavy traffic on the form- by the time the polls were closed, TikTok Room announced that over 500,000 votes were cast after teasing fans earlier that day with just how close some of the categories were.

What are the categories?

The TikTok Room awards consists of 28 categories in total, and are as follows:

  • Most active with fans
  • Best couple
  • Best makeup
  • Most positive
  • Best style (male)
  • Best style (female)
  • Best ship
  • Best dancer (male)
  • Best dancer (female)
  • Best fandom
  • Funniest TikToker/ collab
  • Best diss track
  • Least problematic (male)
  • Least problematic (female)
  • Best role model
  • Best group/duo
  • Kindest TikToker
  • Best dance creator
  • Best song
  • Most talented musician
  • Most achieved (male)
  • Most achieved (female)
  • Favourite TikToker/ Influencer (male)
  • Favourite TikToker/ Influencer (female)
  • Best clapbacks/ comebacks
  • Best YouTuber
  • Best hair
  • Best house

The running order of these categories is not yet clear.

When do the TikTok Room awards start?

While the awards themselves start at 8pm Eastern Standard Time, TikTok Room have announced that there will be a pre-show from 6pm Eastern Standard Time.

It isn’t quite certain how exactly the awards will be broadcast, although TikTok Room did confirm to a fan in the comments section that they would be posting the results on their Instagram page throughout the night.

So, to watch the awards, your best bet is to keep an eye on TikTok Room’s Instagram account!