A 10-year-old girl in Pennsylvania, US, has died while trying to complete a challenge she saw on TikTok. The case was initially dismissed, but a three-judge panel on Tuesday sent the case back to the trial court.
A video known as the “blackout challenge” went viral in 2021 and showed people choking until they passed out. Nyla Anderson, a 10-year-old girl, saw a problem and died trying to overcome it.
The girl’s mother found her unconscious in a closet in her home in Chester, near Philadelphia, and tried to revive her. The child died five days later.
The case has already reached trial, but was dismissed by a district judge who cited Section 230 of the Communications Decency Act of 1996. The aforementioned law is used to protect companies with an online presence from posts made by other people.
According to NBC10 Philadelphia, On Tuesday, a three-judge panel of the appeals court sent the case back to the trial court for a new trial. TikTok could be held liable for promoting content or using an algorithm to target it to children.
Patty Schwartz, a judge in the Third U.S. Circuit Court in Philadelphia, wrote Tuesday that “TikTok makes choices about what content it recommends and promotes to specific users, and in doing so, it itself is part of the conversation.”
Judge Paul Mathie found the app to be at fault because “Nayla had no idea what she was doing or that following the images on her screen would kill her. But TikTok knew Nayla would watch because the company’s special algorithm placed the video on your page.”
Lawyers for the mother, Tavainna Anderson, claim the content appeared on Nyla Anderson’s For You feed.
Tavaina Anderson said at a press conference in 2022 that she can’t “Stop remembering that day.” He can’t get his daughter back, but “it’s time to stop these problems so other families don’t have to go through the grief” he experiences every day.
Author: Morning mail
Source: CM Jornal
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