Mother Wins Right To Sue TikTok Over 10-Year-Old Daughter’s Death

A Pennsylvania mother has won the right to sue TikTok over the tragic death of her 10-year-old daughter, Nylah Anderson.

Federal law has long shielded Big Tech companies from lawsuits for hosting content created and uploaded by third parties.

However, this landmark ruling by the US appeals court asserts that companies can be held accountable for “knowing distribution and targeted recommendation” of harmful content.

The Deadly TikTok Challenge

Nylah Anderson died in December 2021 after attempting the “blackout challenge,” a viral trend that encouraged users to choke themselves until they passed out. TikTok’s algorithm allegedly recommended the challenge to her.

Tawainna Anderson, Nylah’s mother, filed a lawsuit in 2022 to hold TikTok accountable for her daughter’s death.

A lower court initially dismissed the case under Section 230 of the Communications Decency Act, which has historically protected online platforms from liability for third-party content.

The right to sue TikTok

On August 27, a three-judge panel from the US Court of Appeals for the Third Circuit ruled that TikTok could be held responsible for promoting dangerous content to young users.

The appeals court stated that by promoting the dangerous challenge to a child, TikTok went beyond the role of a passive intermediary.

“Nylah, still in the first year of her adolescence, likely had no idea what she was doing or that following along with the images on her screen would kill her,” Judge Paul Matey wrote in a statement.

“But TikTok knew that Nylah would watch because the company’s customized algorithm placed the videos on her ‘For You Page.’”

This ruling allows the Anderson family to proceed with their lawsuit against TikTok, which includes claims of product liability, negligence, and wrongful death.

Implications for Social Media Platforms

The decision has significant implications for the tech industry, especially for social media platforms that rely on user-generated content and algorithmic recommendations.

“Big Tech just lost its ‘get-out-of-jail-free’ card,” said Jeffrey Goodman, the attorney representing the Anderson family.

“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.”

The Anderson family expressed hope that this ruling will prevent other families from experiencing similar tragedies.

“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,” they said in a statement.