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Anderson v. TikTok Inc.

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Name
Type
Government
Date Initiated
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Last Updated

Summary

The mother of Nylah Anderson, a ten-year-old girl who died after attempting the so-called "blackout challenge" (an internet trend based around the choking game), filed a lawsuit against TikTok and its parent company, ByteDance over the social media company's role in the young girl's death. The suit alleges that the platform algorithmically promoted videos to a minor, related to the "blackout challenge," and that TikTok knew of the harmful content and failed to take necessary corrective action.

Updates

October 5, 2022. The United States District Court for the Eastern District of Pennsylvania dismissed the complaint, ruling that TikTok was not liable for content posted to its platform by its users, given the immunization for social media platforms provided under Section 230.

August 27, 2024. The US Court of Appeals for the Third Circuit reversed the district court’s decision, based in part on the recent Supreme Court NetChoice decision, which argued that “platforms engage in protected first-party speech under the First Amendment when they curate compilations of others’ content via their expressive algorithms," thus making algorithms subject to liability.

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