Chapter 2 - Housing and Public Accommodation Online Platforms

Summary

Following a case-based approach, this chapter explores how the liability for third-party discrimination against protected classes has been addressed in the context of online platforms in housing and accommodation transactions. I selected litigated cases related to three online platforms focused entirely or in part on accommodation and housing: Craigslist, Daft, and Airbnb. While Craigslist and Airbnb have operations in the United States and Europe, Daftrestricts its services to the European market. I address the differences of the approach to the liability of online intermediaries in the United States and in member states of the European Union. I argue that the Directive of Electronic Commerce might provide more tools in the fi ght against discrimination in these online spaces in the European Union.

CRAIGSLIST

BUSINESS MODEL

Founded in 1995, Craigslist has dedicated its activities to classifi ed advertisements in different sectors, including the rental and sale of accommodation. The platform provides listing billboards for individuals who want to buy, sell, and rent properties as well as other goods and services. Contrarily to similar marketplaces, Craigslist does not equip its users with the possibility to create a personal profi le, and therefore, the platform primarily serves as an advertisement listing. Advertisements are categorized into regions and sectors to prevent misunderstandings.

Over the years, Craigslist has replaced newspapers to some extent in the function of advertising housing in several places. By 2017, over 50 million internet users had access to Craigslist's advertisements across the world, which made the platform a leader in the classifi eds sector. Craigslist was originally designed to be free of charges, but it has charged fees for the listing of certain advertisements so far.

In the late 2000s, Craigslist had thousands of third-party discriminatory advertisements against protected classes in its housing section. Once these ads were discovered, a group of civil rights lawyers, based in Chicago, working to secure racial equality for all sued Craigslist for publishing illegal discriminatory housing advertisements online.

LITIGATION: LIABILITY IMMUNITY FOR INTERNET SERVICE PROVIDERS

In the Chicago Lawyers Committee for Civil Rights under Law v Craigslist, the Committee for Civil Rights presented the discriminatory ads as a prima facie condition for the tort action against Craigslist.