JAKARTA – An appeals court in the United States has ruled that TikTok must face a lawsuit filed by the mother of a 10-year-old girl who died after participating in a viral “blackout challenge.” The dangerous challenge prompted social media users to strangle themselves to the point of unconsciousness, ultimately leading to the young girl’s tragic death.

The lawsuit was filed by Tawainna Anderson, the mother of Nylah Anderson, who died in 2021 after attempting the sack rope challenge in her mother’s closet. Tawainna Anderson accused TikTok and its parent company ByteDance of being responsible for the platform’s algorithm recommending the challenge to her daughter.

In what is considered a breakthrough decision, the U.S. Court of Appeals for the 3rd Circuit in Philadelphia found that TikTok could not hide behind Section 230 of the Communications Decency Act of 1996, which typically shields internet companies from legal liability for user-generated content. The decision represents a departure from the court’s previous ruling, which generally viewed Section 230 as providing immunity for online platforms.

U.S. District Judge Patty Shwartz, who wrote the ruling, explained that Section 230 only protects information provided by third parties, not a recommendation made by TikTok’s algorithm. In his view, when TikTok uses algorithms to select and recommend certain content to users, it is engaging in “first-party condemnation,” which is not third-party speech protected by this law.

Impact of this decision

This ruling is seen as an important milestone in limiting the legal protections that big tech companies enjoy under Section 230. Tawainna Anderson’s attorney, Jeffrey Goodman, called this decision the end of the “get out of jail free card” that big tech companies have enjoyed. He also stressed that this is an important step in demanding companies’ accountability for the algorithms they use.

In a separate opinion in favor of part of the decision, U.S. District Judge Paul Matey said that in the pursuit of profits above all other values, TikTok could choose to present content that puts the “lowest scenario” first for children. But he stressed that TikTok could not claim immunity that was not granted by Congress.

Answer from TikTok

So far, TikTok and its parent company ByteDance have not made any official comments on this court decision. However, this decision could open the door for more lawsuits targeting social media platforms over promoted content.

This decision also reflects increasing pressure on technology companies to take responsibility for the social and psychological impact of the content they recommend through the algorithms they develop.

With this decision, Tawainna Anderson’s case against TikTok will go to court to determine whether the platform is responsible for the tragic death of her daughter.

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