Judge Dismisses Mother’s Lawsuit Against TikTok Over Fatal ‘Blackout Challenge’

She had alleged that in December, TikTok encouraged Nylah to try the blackout challenge, during which participants try to choke themselves until they pass out. Ms. Anderson alleged that she found her daughter unconscious after attempting the challenge, according to the lawsuit. Nylah died at a hospital five days later.

The blackout challenge circulated last year on TikTok, a popular short-form video app, but it isn’t new. The stunt existed as far back as 2008, when dozens of children, mostly teenage boys, had died choking themselves after playing what was then called “the choking game,” according to a report from the Centers for Disease Control and Prevention.

Judge

Paul S. Diamond

of the U.S. District Court for the Eastern District of Pennsylvania said this week that although the circumstances of Nylah’s death were tragic, TikTok wasn’t liable for causing it.

The judge said the company was protected by Section 230 of the Communications Decency Act of 1996, a federal law that offers broad protections to tech companies that host user-generated content.

The law exempts TikTok from being responsible for content that its users publish on the platform, the judge said. It didn’t matter, he added, that TikTok’s algorithm elevated challenge videos onto her feed, because the algorithm was also protected by federal law.

“The wisdom of conferring such immunity is something properly taken up with Congress, not the courts,” Judge Diamond wrote when he dismissed the lawsuit Tuesday.

TikTok, which is owned by Beijing-based ByteDance Ltd., didn’t immediately return a request for comment Thursday.

Jeffrey P. Goodman,

a lawyer for the Anderson family, said he believed the Communications Decency Act was never intended to let social-media companies send dangerous content to children.

“The Andersons will continue advocating for the protection of our children from an industry that exploits youth in the name of profits,” Mr. Goodman said.

Since TikTok launched in the U.S. in 2018, users have marveled at the app’s precise but secret algorithm, which often delivers videos catered to their innermost thoughts and fears.

TikTok has exploded in popularity in recent years. Younger people in particular have been drawn to the app’s short-video format and migrated from competitors like Facebook. It has become a destination for users looking for dance videos and stunts such as the blackout challenge.

But the company has also faced criticism for its algorithms that have pushed videos about sex, drugs and eating disorders to minors, according to investigations by The Wall Street Journal. 

Ms. Anderson isn’t the only parent to sue TikTok for showing challenge videos to children.

In June, the parents of two girls filed a wrongful-death lawsuit against TikTok, blaming the app for motivating their children to try the blackout challenge. 

The lawsuit, filed in Superior Court in Los Angeles County, is ongoing.

Write to Alyssa Lukpat at [email protected]

She had alleged that in December, TikTok encouraged Nylah to try the blackout challenge, during which participants try to choke themselves until they pass out. Ms. Anderson alleged that she found her daughter unconscious after attempting the challenge, according to the lawsuit. Nylah died at a hospital five days later.

The blackout challenge circulated last year on TikTok, a popular short-form video app, but it isn’t new. The stunt existed as far back as 2008, when dozens of children, mostly teenage boys, had died choking themselves after playing what was then called “the choking game,” according to a report from the Centers for Disease Control and Prevention.

Judge

Paul S. Diamond

of the U.S. District Court for the Eastern District of Pennsylvania said this week that although the circumstances of Nylah’s death were tragic, TikTok wasn’t liable for causing it.

The judge said the company was protected by Section 230 of the Communications Decency Act of 1996, a federal law that offers broad protections to tech companies that host user-generated content.

The law exempts TikTok from being responsible for content that its users publish on the platform, the judge said. It didn’t matter, he added, that TikTok’s algorithm elevated challenge videos onto her feed, because the algorithm was also protected by federal law.

“The wisdom of conferring such immunity is something properly taken up with Congress, not the courts,” Judge Diamond wrote when he dismissed the lawsuit Tuesday.

TikTok, which is owned by Beijing-based ByteDance Ltd., didn’t immediately return a request for comment Thursday.

Jeffrey P. Goodman,

a lawyer for the Anderson family, said he believed the Communications Decency Act was never intended to let social-media companies send dangerous content to children.

“The Andersons will continue advocating for the protection of our children from an industry that exploits youth in the name of profits,” Mr. Goodman said.

Since TikTok launched in the U.S. in 2018, users have marveled at the app’s precise but secret algorithm, which often delivers videos catered to their innermost thoughts and fears.

TikTok has exploded in popularity in recent years. Younger people in particular have been drawn to the app’s short-video format and migrated from competitors like Facebook. It has become a destination for users looking for dance videos and stunts such as the blackout challenge.

But the company has also faced criticism for its algorithms that have pushed videos about sex, drugs and eating disorders to minors, according to investigations by The Wall Street Journal. 

Ms. Anderson isn’t the only parent to sue TikTok for showing challenge videos to children.

In June, the parents of two girls filed a wrongful-death lawsuit against TikTok, blaming the app for motivating their children to try the blackout challenge. 

The lawsuit, filed in Superior Court in Los Angeles County, is ongoing.

Write to Alyssa Lukpat at [email protected]