TikTok faces lawsuit over viral challenge death

A US appeals court has recently revived a lawsuit against TikTok, filed by the mother of a 10-year-old girl who tragically died after participating in a dangerous viral challenge on the platform. The blackout challenge, which involved users choking themselves until they lost consciousness, led to the death of Nylah Anderson in 2021.

The case hinges on the argument that TikTok’s algorithm recommended the harmful challenge to Nylah despite federal protections typically shielding internet companies from liability for user-generated content. The 3rd US Circuit Court of Appeals in Philadelphia ruled that Section 230 of the Communications Decency Act, which generally protects online platforms from such lawsuits, does not apply to algorithmic recommendations made by the company itself.

Judge Patty Shwartz, writing for the panel, explained that while Section 230 covers third-party content, it does not extend to the platform’s content curation decisions. This ruling marks a substantial shift from previous cases where courts had upheld Section 230 to shield platforms from liability related to harmful user-generated content.

The court’s decision reflects a broader interpretation of a recent US Supreme Court ruling, which recognised that algorithms used by platforms represent editorial judgments by the companies themselves. According to this view, TikTok’s algorithm-driven recommendations are considered the company’s speech, not protected by Section 230.

The lawsuit, brought by Tawainna Anderson against TikTok and its parent company ByteDance, was initially dismissed by a lower court. Still, the appeals court has now allowed the case to proceed. Anderson’s lawyer, Jeffrey Goodman, hailed the ruling as a loss for Big Tech’s immunity protections. Meanwhile, Judge Paul Matey criticised TikTok for prioritising profits over safety, underscoring that the platform cannot claim immunity beyond what Congress has granted.