The "blackout challenge" went viral on TikTok a few years ago with users of this social media site recording their actions of passing out when choking themselves. In the United States, a 10-year-old child died in 2021 after hanging himself because he was influenced by a challenge he watched on TikTok. The victim's mother sued TikTok but it was originally dismissed by the court.
A US appeals court has now said the suit can go ahead because despite a clause in the bill that says platform owners cannot be blamed for the actions of third parties.
But there is another clause saying they cannot escape the responsibility of recommending content that is known to be harmful. TikTok's algorithm causes the blackout challenge to be recommended to users through the FYP feature.
In the 18 months between 2021 and 2022, a total of 20 teenage deaths were recorded with 15 of them being under the age of 12. Previously there was an effort to sue social media sites that caused problems with suicide, and anorexia through content recommended by algorithms. If TikTok is successfully sued, it will open the door for other social media sites to also be sued when their content has a negative impact on users.