Court Revives Lawsuit Over TikTok Algorithm and Teen Death
A U.S. appeals court revived a lawsuit brought by the mother of a 10-year-old girl who died in 2021 after participating in a viral challenge on TikTok, ruling that the platform's algorithmic recommendations were not protected by Section 230 immunity and could face liability for serving such content to minors.
What happened
A 10-year-old girl died in December 2021 after attempting the "blackout challenge," a viral challenge circulating on TikTok that involved strangling oneself.
Tawainna Anderson, the girl's mother, filed a 2022 lawsuit against TikTok claiming the platform's algorithm dangerously and defectively served the challenge videos to her daughter.
A U.S. District Court judge dismissed the suit under Section 230 of the Communications Decency Act, which immunizes web platforms from liability for user-generated content.
Reported impact
A 10-year-old child died after participating in a challenge promoted through TikTok's algorithmic recommendations.
Index analysis
The 3rd Circuit Court of Appeals ruled that TikTok's algorithmic curation of content constitutes the platform's own expressive activity and is not protected by Section 230.
Circuit Judge Patty Shwartz wrote that the 1996 law only exempts third-party information, not TikTok's algorithmic recommendations made through its platform.
Governance controls
The case now proceeds to trial on whether TikTok's algorithm negligently served harmful content to a minor.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.