Mental Incapacity, Terms of Service and Targeted Individuals

Mental Incapacity, Hoax Law and Section 230 Social media platforms, protected by Section 230 of the Communications Decency Act, enforce terms of service contracts that may be invalid for users with schizophrenia, particularly voice hearers joining platforms like Twitter (now X). These individuals, often experiencing symptoms like auditory hallucinations or paranoia, may lack the capacity to provide informed consent when agreeing to contracts, rendering such agreements potentially unenforceable. Compounding this, platforms amplify “Targeted Individual” (TI) hoaxes—false claims of covert surveillance—that exploit these symptoms, worsening mental health and deterring treatment. Disability scholars must challenge Section 230’s blanket immunity, arguing that platforms’ failure to address harmful content and questionable contracts exploits a vulnerable population.

Section 230 shields platforms from liability for user-generated content, including TI hoaxes, but 18 U.S.C. § 1038 (False Information and Hoaxes) could challenge this by penalizing content that causes harm, such as exacerbating psychosis. Legal arguments could assert that platforms’ algorithmic amplification of TI hoaxes constitutes active curation, not neutral hosting, weakening Section 230 protections. Additionally, contract law principles suggest that agreements signed by individuals with impaired capacity—common in schizophrenia during acute episodes—are “not worth the paper they’re printed on.” Courts have invalidated contracts when consent is compromised, as seen in cases involving mental incapacity. Disability advocates can push for test cases combining § 1038 and contract challenges to hold platforms accountable.Emerging laws like California’s SB 976 and the EU’s Digital Services Act signal stricter regulation of algorithmic harms, offering models to limit Section 230. Scholars should advocate for content moderation to curb TI hoaxes, transparent contract processes, and mental health support for users. By centering the resilience and lived experiences of those with schizophrenia, the disability community can demand platforms prioritize ethical practices, ensuring valid consent and a safer digital space.