Appeals Court Revives Lawsuit Against TikTok
7 weeks ago
A U.S. appeals court has revived a lawsuit against TikTok by the mother of a 10-year-old girl who died after taking part in a viral "blackout challenge" in which users of the social media platform were dared to choke themselves until they passed out.
While a federal law typically shields internet companies from lawsuits over content posted by users, the Philadelphia-based 3rd Circuit Court of Appeals ruled the law does not ban Nylah Anderson's mother from pursuing claims that TikTok's algorithm recommended the challenge to her daughter.
The Judge said a U.S. Supreme Court ruling in July on the power of social media platforms to curb content they deem objectionable– led to her decision
Adding that content curation using algorithms is speech by the company itself, which is not protected by Section 230.
"TikTok makes choices about the content recommended and promoted to specific users, and by doing so, is engaged in its own first-party speech," she wrote.
TikTok did not respond to requests for comment.
While a federal law typically shields internet companies from lawsuits over content posted by users, the Philadelphia-based 3rd Circuit Court of Appeals ruled the law does not ban Nylah Anderson's mother from pursuing claims that TikTok's algorithm recommended the challenge to her daughter.
The Judge said a U.S. Supreme Court ruling in July on the power of social media platforms to curb content they deem objectionable– led to her decision
Adding that content curation using algorithms is speech by the company itself, which is not protected by Section 230.
"TikTok makes choices about the content recommended and promoted to specific users, and by doing so, is engaged in its own first-party speech," she wrote.
TikTok did not respond to requests for comment.
