10-Year-Old Girl Dies from Viral ‘Blackout Challenge’; TikTok May Face Liability

TikTok has faced serious criticisms over its so-called “challenges,” which have been linked to severe injuries and even fatalities. In recent developments, the popular social media platform is compelled to justify its content recommendations as it contends with accusations suggesting that it knowingly directed harmful videos to young users despite warnings about the dangers these videos posed. A recent ruling by a U.S. appeals court has revived a significant lawsuit from a grieving mother who holds TikTok responsible for her daughter’s death.

According to U.S. Circuit Judge Paul Matey, while federal law generally protects TikTok from liability for videos produced by others, it does not exempt the platform from accountability for deliberately promoting content that it knew could be detrimental. Matey indicated that TikTok’s alleged active role in distributing such harmful videos could lead to liability.

Attorney Jeffrey Goodman, representing the Anderson family, expressed optimism following the ruling, stating, “Big Tech just lost its ‘get-out-of-jail-free’ card.” He emphasized that this decision would require powerful social media companies to adhere to the same standards as other corporations, especially when they may cause harm to minors.

The tragic case involves 10-year-old Nylah Anderson, who explored the dangerous “Blackout Challenge” on TikTok. Her mother, Tawainna Anderson, discovered her lifeless body in December 2021 after Nylah attempted the challenge, which involved users choking themselves to the point of unconsciousness. Despite being rushed to the hospital, Nylah succumbed five days later.

The “Blackout Challenge” is reported to have claimed the lives of at least 20 children within a span of 18 months, with many victims under the age of 12. This is not an isolated incident, as other dangerous challenges on the platform have also resulted in severe injuries or fatalities. Examples include the “Skullbreaker Challenge,” which nearly paralyzed a 13-year-old girl, and the “Angel of Death Challenge,” which involves jumping in front of oncoming vehicles.

In her 2022 lawsuit against TikTok and its parent company, ByteDance, Tawainna Anderson argued that the companies had foreknowledge of the dangers of the Blackout Challenge but continued to promote these videos to young audiences. She asserted that the challenge had appeared on her daughter’s TikTok feed.

At a press conference announcing the lawsuit, Anderson reflected on her tragic loss, stating, “I cannot stop replaying that day in my head. It is time that these dangerous challenges come to an end so that other families don’t experience the heartbreak we live [with] every day.”

Following Nylah’s death, TikTok stated they were implementing measures to protect minors from harmful content, although it claimed to have found no evidence of a widespread Blackout Challenge on its platform.

In response to the lawsuit, however, a federal judge initially dismissed the case, citing protections under a controversial provision from a 1996 law, known as Section 230 of the Communications Decency Act. This law has been a point of contention in discussions about the responsibilities of social media platforms regarding user-generated content.

The ruling that allowed Anderson’s case to proceed again allows for a reevaluation of TikTok’s obligations concerning content moderation, particularly aimed at protecting children. The court recognized that many young users, like Nylah, might not fully understand the risks associated with following trends popularized online.

Goodman’s co-counsel, Samuel Dordick, reiterated that for too long, tech giants have utilized Section 230 to evade accountability for their actions. He stated, “This resounding ruling has decisively stated Section 230 does not extend that far.”

In her statement through her attorneys, Anderson conveyed a wish for her family’s tragedy to serve as a warning to others, stating, “Nothing will bring back our beautiful baby girl. But we are comforted knowing that — by holding TikTok accountable — our tragedy may help other families avoid future, unimaginable suffering.”