Anderson v. TikTok, 2:22-cv-01849, (E.D. Pa.), was a decision by the United States Court of Appeals for the Third Circuit in which the court held that Section 230 of the Communications Decency Act (CDA), 47 U.S.C. § 230, does not bar claims against TikTok, a video-sharing social media platform, regarding TikTok's recommendations to users via its algorithm.[1][2]
Background
Tawainna Anderson's ten-year-old daughter, Nylah Anderson, died after attempting the "Blackout Challenge" promoted in a video recommended to her TikTok "For You Page" by TikTok's algorithm. The "Blackout Challenge" encourages viewers to choke themselves with belts, purse strings, and similar items until they pass out, according to the complaint filed by Tawainna Anderson against TikTok and its parent company, ByteDance.[3] The complaint alleged the defendants were aware of the videos and the challenges, allowed such videos to be posted, failed to warn users of the risks, and recommended the videos to users, including minors, through their algorithm.[3]