TikTok Under Fire for Dangerous Content
TikTok “challenges” have previously sparked concerns due to serious injuries and incidents. Now, the platform faces accusations of knowingly promoting dangerous videos to young users.
A recent U.S. appeals court decision has reignited a landmark lawsuit filed by a grieving mother who believes TikTok is responsible for her daughter’s death.
A U.S. appeals court ruling on Tuesday has breathed new life into a significant lawsuit against TikTok. The lawsuit, filed by Tawainna Anderson, alleges that the social media giant is culpable for the death of her 10-year-old daughter, Nylah Anderson, who died while attempting the viral “Blackout Challenge.”
Legal immunity and accountability
“Federal law provides TikTok immunity from suit for hosting videos created and uploaded by third parties,” US Circuit Judge Paul Matey wrote in his partial concurrence. However, this does not shield TikTok from accountability for its alleged “knowing distribution and targeted recommendation of videos it knew could be harmful.”
Attorney Jeffrey Goodman, who argued the appeal on behalf of the Anderson family, remarked, “Big Tech just lost its ‘get-out-of-jail-free’ card. This ruling ensures that the powerful social media companies will have to play by the same rules as all other corporations, and when they indifferently cause harm to children, they will face their day in court.”
TikTok’s response
TikTok maintains that the “safety of users is our top priority.” Despite these assurances, the “Blackout Challenge” has had deadly consequences.
The ‘Blackout Challenge’ incident
In December 2021, Nylah Anderson, a 10-year-old from the Philadelphia area, was found lifeless by her mother after attempting the “Blackout Challenge,” which involves choking oneself until passing out. Nylah was rushed to the hospital but tragically died five days later.
Rising toll of dangerous challenges
The “Blackout Challenge” has been linked to the deaths of 20 children over an 18-month period, with 15 victims under the age of 12. Other dangerous challenges on TikTok include the “Skullbreaker Challenge,” which nearly paralyzed a 13-year-old, and the “Angel of Death Challenge,” which has resulted in multiple deaths.
In May 2022, Tawainna Anderson sued TikTok and its parent company ByteDance, arguing they were aware of the dangers of the “Blackout Challenge” but continued to promote it to young users. Anderson’s lawsuit claims the challenge appeared on Nylah’s “For You” page.
At a news conference, Anderson recalled, “I cannot stop replaying that day in my head. It is time that these dangerous challenges come to an end so that other families don’t experience the heartbreak we live [with] every day.”
Previous legal dismissal
In October 2022, a federal judge dismissed the case, citing Section 230 of the Communications Decency Act, which provides immunity to platforms for third-party content. However, the appeals court ruling has allowed the lawsuit to proceed, with TikTok and ByteDance as defendants.
Statements from legal representatives
Goodman’s co-counsel Samuel Dordick stated, “For decades, Big Tech companies like TikTok have used Section 230 to protect them from accountability for their egregious and predatory conduct. This resounding ruling has decisively stated Section 230 does not extend that far.”
Anderson, through her attorneys, issued a statement: “Nothing will bring back our beautiful baby girl. But we are comforted knowing that — by holding TikTok accountable — our tragedy may help other families avoid future, unimaginable suffering.”
As the lawsuit progresses, it will shed light on the responsibilities of social media platforms in protecting their young users from dangerous content.
