A US appeals court grappled with a challenging legal question on Wednesday, deliberating whether TikTok could be held responsible for the tragic death of a 10-year-old girl who attempted a deadly blackout challenge promoted on the platform.
The Philadelphia-based 3rd US Circuit Court of Appeals questioned the applicability of Section 230 of the Communications Decency Act, which typically shields internet companies from lawsuits related to user-generated content.
3rd Circuit Court Examines Section 230
While acknowledging the protection Section 230 provides to platforms like TikTok, some judges expressed concerns about whether lawmakers in 1996 could have anticipated the evolution of platforms like TikTok, which not only host content but also employ complex algorithms to recommend it to users.
Tawainna Anderson filed a lawsuit against TikTok and its Chinese parent company ByteDance after her daughter Nylah attempted the blackout challenge in 2021, leading to severe injuries and her tragic death.
Anderson’s lawyer argued that while Section 230 offers legal protection, it does not preclude claims that TikTok’s product was defective, emphasizing the algorithm’s role in promoting dangerous challenges to an impressionable child.
TikTok’s defense, presented by lawyer Andrew Pincus, urged the court to uphold a lower court’s ruling that Section 230 barred Anderson’s case.
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TikTok Legal Battle Sparks Debate on Platform Responsibilities
Pincus warned that ruling against TikTok could undermine Section 230’s protections and open the door to a flood of lawsuits against platforms that curate content using algorithms.
The case raises crucial questions about the responsibilities of platforms in curating and recommending content, especially when it involves potential harm to users, particularly children.
The arguments come amid increasing global regulatory scrutiny of social media platforms like TikTok, with US state attorneys general investigating potential harm caused by the platform to young people’s physical and mental health.
TikTok, along with other social media companies, is also facing numerous lawsuits accusing them of enticing and addicting children to their platforms, leading to alleged damage to their mental health.
The outcome of this legal battle could have significant implications for the liability of social media platforms regarding harmful content promoted on their platforms.
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