U.S. Appeals Court Revives TikTok Lawsuit

By Nate Raymond

A U.S. appeals court has revived a lawsuit against TikTok, filed by the mother of a 10-year-old girl who died after participating in a viral “blackout challenge.” This challenge involved users choking themselves until they passed out, and the court’s decision comes despite federal laws that usually protect internet companies from such lawsuits.

On Tuesday, the 3rd U.S. Circuit Court of Appeals ruled that Nylah Anderson’s mother can pursue claims that TikTok’s algorithm recommended this dangerous challenge to her daughter. U.S. Circuit Judge Patty Shwartz clarified that Section 230 of the Communications Decency Act, which typically shields platforms from liability for user-generated content, does not apply to recommendations made by TikTok’s algorithm.

Shwartz noted that this ruling diverges from previous judgments that viewed Section 230 as a comprehensive shield against responsibility for harmful user content. However, recent U.S. Supreme Court decisions indicated that algorithmic recommendations reflect platform editorial choices, thereby constituting the platform’s own speech, which is not protected under Section 230.

In her ruling, Shwartz asserted that TikTok actively curates content for users, therefore engaging in its own first-party speech. The case was initially dismissed based on Section 230, but the recent decision reverses that dismissal, allowing Tawainna Anderson to continue her lawsuit against TikTok and its parent company, ByteDance. This case was prompted by the tragic death of her daughter in 2021, who attempted the blackout challenge using a purse strap in her mother’s closet.

Jeffrey Goodman, the attorney representing the mother, commented that “Big Tech just lost its ‘get-out-of-jail-free card.'” Another judge, Paul Matey, suggested that TikTok prioritizes profit over the welfare of children, stating that the platform cannot claim immunity not granted by Congress.