Why TikTok is going to be tried for the death of a child ?

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Stupid and dangerous challenges have, more or less, always existed. But, as is often the case, social networks have made the situation worse since they have allowed their spread in recent years. These challenges have gone viral on social networks, amplifying the phenomenon and increasing their scope.

Since the arrival of TikTok, we have lost count of the number of challenges, challenges and other trends that border on stupidity, but are harmless. Others, unfortunately, are much more dangerous. Like keeping a detergent pod in your mouth or applying a mixture of salt and ice to your skin. A few years ago, one challenge particularly worked on TikTok: the Blackout Challenge. Several young users are said to have lost their lives because of this challenge.

This Tuesday, August 27, 2024, the federal appeals court in Philadelphia, United States, reactivated the legal action of the mother of a little girl who died after taking part in the Blackout Challenge on TikTok. Social network could be held responsible for the death of the 10-year-old child.

The fault lies with the algorithm

It’s all in the name of this challenge: the Black Out Challenge consisted of choking yourself until you fainted. TikTok didn’t invent anything, my parents were already worried about the “scarf game” (also called “Indian dream”) when I was in elementary school. Still, the Blackout Challenge had its little “success” on the online platform. In 2021, several children lost their lives after taking part in this challenge.

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Three years after the facts, the federal appeals court in Philadelphia is reviving the case brought by the mother of one of the victims, Nylah Anderson. Aged just 10, the girl was found dead in her bedroom in 2021. Her mother accuses TikTok of 'having recommended this particularly dangerous challenge to his daughter, and thus having pushed her to participate in it.

Until now, TikTok had been legally protected by Section 230 of the Communications Decency Act of 1996. The latter exempts online platforms from any liability regarding the content published by users. But what is being singled out in this case is the algorithm. And that’s where everything changes. According to the judge of the Court of Appeals, algorithmic recommendations are not taken into account. She states that by selecting and promoting specific content, TikTok is engaging in its own discourse. And must, therefore, be held responsible.

This decision echoes a recent decision taken by the Supreme Court of the United States, arguing that the platforms’ algorithms could be considered editorial judgments. No more special treatment, therefore, for TikTok in this case.

• In 2021, the Blackout Challenge is viral on TikTok
• Several young users have lost their lives while participating in this particularly dangerous challenge
• Today, the federal appeals court in Philadelphia is reopening the case and holding TikTok liable because of algorithmic recommendations

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