TikTok lawsuit could end long-held legal protections enjoyed by platforms
A landmark lawsuit against TikTok may potentially reshape the legal obligations of social media platforms. The case revolves around the tragic death of 10-year-old Nylah Anderson, who died while attempting a dangerous challenge she discovered on TikTok. The family of the deceased is suing the platform, alleging that its algorithm promoted harmful content leading to their daughter's death. While lower courts initially dismissed the case, US Court of Appeals has ruled that the family could move forward with the lawsuit.
A shift in legal perspective on social media platforms
For over two decades, platforms such as X, Facebook, Instagram, and TikTok have enjoyed legal protections. These protections stem from the US's Communications Decency Act of 1996, which was initially intended to protect online services like CompuServe and AOL from being held liable for third-party content. However, the recent lawsuit against TikTok could potentially challenge these long-standing protections.
From passive content delivery to active curation
The role of social media platforms has evolved significantly over the years. Initially, they functioned as digital warehouses, passively providing access to content without influencing user experience. Today, these platforms use complex algorithms to actively curate what users see and interact with. This shift from passive content delivery to active curation raises questions about their responsibility for the content promoted by their algorithms.
Legal implications of the TikTok lawsuit
The lawsuit against TikTok could have far-reaching implications for every social media platform that uses algorithms to curate content. If Nylah's family prevails, it could pave the way for more lawsuits against platforms like X, Facebook, and Instagram. This would mark a major departure from the protections such platforms have enjoyed under Section 230 of the Communications Decency Act.
The future of social media could be reshaped
The outcome of the latest case could necessitate a major overhaul in how social media platforms operate. They may be compelled to modify their algorithms to prevent promoting harmful content or risk facing expensive lawsuits. As the legal landscape evolves, the responsibility of these platforms to safeguard their users from dangerous content is becoming increasingly clear.
