A US appeals court has issued an opinion that could have far-reaching implications for social media platforms, finding that content selected for users by TikTok's algorithms does not qualify for Section 230 protection.
Parents sue TikTok over death of 9-year-old daughter after doing 'Blackout Challenge' l ABC7
In an opinion [PDF] published today, a three-judge panel of the Third Circuit Court of Appeals in Pennsylvania ruled that, because TikTok presented "blackout challenge" posts to 10-year-old Nylah Anderson on her For You featured content page, the platform deserves to be brought to justice for her death that followed.
The "blackout challenge" refers to a dangerous self-suffocation "trend" that made the rounds on TikTok several years ago. Anderson attempted to join the challenge, which led to her death, but a lower court judge ruled in 2022 that TikTok was protected by Section 230 of the Communications Decency Act (CDA), which shields social media platforms from liability for content posted by their users.
The Third Circuit strongly disagreed.
