Court Revives Lawsuit Against TikTok Over Death Linked to 'Blackout Challenge,' Questions Section 230 Protections

August 29, 2024
Court Revives Lawsuit Against TikTok Over Death Linked to 'Blackout Challenge,' Questions Section 230 Protections
  • A U.S. appeals court has revived a lawsuit against TikTok related to the tragic death of 10-year-old Nylah Anderson, who died after participating in a dangerous viral challenge known as the 'Blackout Challenge.'

  • The 'Blackout Challenge' encourages users to choke themselves until passing out, leading to multiple fatalities among children.

  • Judge Patty Shwartz highlighted TikTok's awareness of the dangers posed by the 'Blackout Challenge' and criticized its insufficient measures to prevent the challenge from spreading to children.

  • The case was initially dismissed due to Section 230 of the Communications Decency Act, which typically grants immunity to internet platforms for third-party content.

  • However, the Third Circuit Court ruled that TikTok's algorithmic recommendations are not protected under Section 230, as they constitute the platform's own expressive activity.

  • The decision may compel social media companies to take greater responsibility for the content their algorithms promote, particularly regarding harmful material.

  • The appeals court's ruling allows Tawainna Anderson, Nylah's mother, to proceed with her claims against TikTok and its parent company, ByteDance.

  • There is potential for this case to reach the Supreme Court, which could further clarify or redefine the scope of Section 230.

  • This ruling signifies a departure from previous interpretations of Section 230, emphasizing that TikTok can be held accountable for the content its algorithms promote.

  • Overall, this ruling indicates a growing scrutiny of Section 230 and a shift in how courts interpret the responsibilities of social media platforms.

  • Critics, including Nylah's family attorney Jeffrey Goodman, argue that Section 230 has allowed platforms to evade responsibility and call for more stringent accountability measures.

  • If Nylah's family prevails in the lawsuit, it could set a significant precedent that undermines the protections currently afforded to social media platforms using algorithms.

Summary based on 13 sources


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