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Anderson v. TikTok

United States Court of Appeals for the Third Circuit
116 F.4th 180 (2024)

Written by Jamie Milne, JD

Facts

Social-media platform TikTok, Inc. (defendant) allowed users to create, post, and view video content. In addition to a user being able to search for content, TikTok’s algorithm posted recommended content to each user’s “For You Page.” The algorithm selected content based on a variety of factors, including a user’s age, demographics, and online interactions, as well as other metadata. Ten-year-old Nylah Anderson’s “For You Page” included at least one video of a blackout challenge. The challenge asked viewers to record a video of them choking themselves until they passed out and then share the video on TikTok. When Nylah attempted the challenge, she accidentally hanged herself. Nylah’s mother, Tawainna Anderson (plaintiff), sued TikTok on behalf of herself and Nylah’s estate, asserting various claims under state law, including claims for strict products liability and negligence. The district court dismissed Anderson’s action, holding that the federal Communications Decency Act immunized TikTok from liability because a third party created and posted the challenge video viewed by Nylah. Anderson appealed.

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