TikTok Must Face Suit Over Girl’s ‘Blackout’ Challenge Death (1)

Aug. 27, 2024, 8:58 PM UTCUpdated: Aug. 27, 2024, 10:30 PM UTC

TikTok Inc. must again face a lawsuit from the family of a 10-year-old girl who died after trying the “blackout” challenge promoted on the platform, after a Philadelphia-based federal appeals court on Tuesday reversed the social media company’s earlier win.

The powerful federal immunity law for internet companies known as Section 230 under the Communications Decency Act doesn’t apply to TikTok in this case, the US Court of Appeals for the Third Circuit said in a split decision. The platform’s promotion of the challenge through its “For You Page” algorithm constitutes “first-party speech” that isn’t protected under Section 230, the ...

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