Nylah Anderson died in 2021 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
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.
U.S. Circuit Judge Patty Shwartz, writing for the three-judge panel, said that Section 230 of the Communications Decency Act of 1996 only immunizes information provided by third parties and not recommendations TikTok itself made via an algorithm underlying its platform. But she said that reasoning no longer held after a U.S. Supreme Court ruling in July on whether state laws designed to restrict the power of social media platforms to curb content they deem objectionable violate their free speech rights.
“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.Tuesday’s ruling reversed a lower-court judge’s decision dismissing on Section 230 grounds the case filed by Tawainna Anderson against TikTok and its Chinese parent company ByteDance.
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