A lawsuit filed over the death of a 10-year-old girl who died after a viral challenge seen on TikTok has been renewed against TikTok

A US appeals court has revived a lawsuit against TikTok filed by the mother of a 10-year-old girl who died after participating in a viral "blackout" challenge.

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The lawsuit was filed after 10-year-old Nylah Anderson died in 2021 when she tried to complete a challenge seen on TikTok using a purse strap. The lawsuit says TikTok failed to take sufficient steps to prevent the spread of dangerous content and protect underage users.

TikTok secured a dismissal of a lawsuit in autumn 2022 accusing it of causing the death of a 10-year-old girl on the grounds that the company was not responsible for user-generated content. But a new ruling on 27 August 2024 reversed the court's previous decision to dismiss the lawsuit.

The court ruled that a federal law protecting internet companies from content liability did not apply to TikTok's recommendation algorithms. Judge Patty Shwartz said Section 230 of the Communications Decency Act of 1996 only protects information provided by third parties, not recommendations made by TikTok itself. The judge noted that TikTok's algorithms represent the company's "editorial judgement" and are not protected by the law.

The mother's lawyer said the ruling deprives big tech companies of a "get-out-of-jail-free card". Judge Paul Matey added that TikTok, in its "pursuit of profit above all other values", could choose to target children with content that emphasised "the lowest tastes" and could not claim immunity that Congress had not granted.

Source: Reuters