3rd Cir. Reinstates ‘Blackout Challenge’ Wrongful Death Action Against TikTok

PHILADELPHIA — The 3rd Circuit U.S. Court of Appeals has reinstated a lawsuit accusing TikTok of causing the death of a 10-year-old girl who died by hanging after attempting to mimic a “Blackout Challenge” video, ruling that the company is not immune from claims that it promoted the video to children.

In an Aug. 27 precedential opinion, the court explained that while Section 230 of the Communications Decency Act shields online publishers from liability for content posted by others, TikTok could be held liable for promoting the content or using an algorithm that steers the content to children.

TikTok is …