TikTok Cleared of Lawsuit for Causing Death of 10-Year-Old Girl After Trying TikTok Challenge Video

Tawainna Andersonm has sued TikTok after her daughter's death. (photo: Twitter @TMacDonaldWHYY)

JAKARTA - TikTok Inc won acquittal in a lawsuit accusing it of causing the death of a 10-year-old girl by promoting a deadly "blackout challenge" that encourages people to strangle themselves on video-based social media platforms.

US District Judge Paul Diamond in Philadelphia ruled Tuesday October 25 that TikTok is immune from lawsuits under sections of the federal Communications Proper Act that protect publishers of other people's work.

"The policy of granting such immunity is something that Congress rightly decides, not the courts," Diamond wrote.

Jeffrey Goodman, attorney for the girl's mother, Tawainna Anderson, said in a statement that the family will "continue to fight to make social media safe so that no other child is killed by the reckless behavior of the social media industry."

TikTok did not immediately respond to a request for comment from Reuters on the court's decision.

Anderson sued TikTok and its Chinese parent company, ByteDance Inc, in May, saying the company's algorithms showed his daughter, Nylah Anderson, a video suggesting a blackout challenge.

In December 2021, Nylah attempted a blackout challenge using a bag strap hung from her mother's closet. According to the lawsuit he later lost consciousness and suffered serious injuries. He was rushed to hospital but died five days later.

TikTok and ByteDance decided to ignore the case, saying that under Section 230 of the Communications Proper Act, they cannot be held liable for publishing content from third parties. Diamond, said it was a "tragic" situation.

TikTok and other social media companies, including Meta Platforms Inc's Facebook and Instagram and Alphabet Inc's YouTube, are facing a growing number of lawsuits across the country seeking to hold them accountable for causing young people to become addicted to their products. In some cases it even causes harm including eating disorders, self-harm and suicide.

A federal justice panel earlier this month consolidated dozens of such cases in a new mass lawsuit in federal court in Oakland, California.