I think they have oversimplified the situation to the point that it is wrong.
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Arguably, Lemmy instance providers are protected in the same way Facebook or other content hosts are. So long as you are acting in good faith you are protected against any illegal content your users upload. This does mean you need to remove illegal content as you become aware of it, you can’t just ignore what your users are doing.
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There have been cases where although a user technically ‘possessed’ CSAM, it was shown that they did so unknowingly via thumbnails or it being cached. The police do investigate where it came from. It’s not as simple as just sending it to someone and you can have them convicted.
PM_Your_Nudes_Please@lemmy.world 1 year ago
And that’s pretty much where we are now. Bad actors creating bot accounts on multiple instances, to spam the larger (most popular) instances with CSAM.