TikTok lawsuit over 10-year-old’s ‘Blackout Challenge’ death can proceed, court rules
A lawsuit filed against social media app TikTok can move forward after an appeals court ruling.
A United States District Court for the Eastern District of Pennsylvania judge ruled Aug. 27 that the 2022 lawsuit filed against TikTok by Tawainna Anderson can proceed, according to court records.
The lawsuit stems from the death of Anderson’s 10-year-old daughter, Nylah, in December 2021.
On Dec. 7, 2021, Nylah tried to perform a viral TikTok challenge called the “Blackout Challenge,” according to a civil complaint. The challenge encouraged kids to “choke themselves until passing out,” the complaint said.
Nylah became familiar with the challenge after seeing it on her “for you page” on Tik Tok, according to the complaint. The video was circulated on the app through TikTok’s algorithm.
Nylah attempted the challenge in her mother’s bedroom closet and passed out. Her mother found her in the closet unresponsive, according to court records.
“Nylah endured hellacious suffering as she struggled and fought for breath and slowly asphyxiated until near the point of death,” the lawsuit said.
Nylah was taken to a hospital where she was treated for several days before dying Dec. 12.
She was described as “an active, happy, healthy, and incredibly intelligent child” who spoke three languages, according to court records.
The lawsuit states that TikTok’s algorithm targets children in a “dangerous” manner.
McClatchy News reached out to TikTok for comment but did not immediately hear back.
“This disturbing ‘challenge,’ which people seem to learn about from sources other than TikTok, long predates our platform and has never been a TikTok trend,” the company statement said in a statement to McClatchy News in 2022. “We remain vigilant in our commitment to user safety and would immediately remove related content if found. Our deepest sympathies go out to the family for their tragic loss.”
TikTok’s website also states that content “that is likely to lead to moderate physical harm” is ineligible to appear on the social media app’s “For You Page” and that the app does not allow “showing or promoting dangerous activity and challenges.”
“Ten-year-old Nylah Anderson died from attempting the Blackout Challenge because the TikTok Defendants’ dangerously defective app and algorithm determined that the Blackout Challenge was ‘tailored’ and ‘likely to be of interest’ to Nylah,” the lawsuit said.
The lawsuit also states that TikTok was aware of the dangers from the Blackout Challenge and still promoted it anyway, citing deaths of other children related to the challenge.
A district court previously dismissed the lawsuit, stating that TikTok was immune under Section 230 of the 1996 Communications Decency Act. However, the appeals court reversed that decision stating that while TikTok may not be responsible for the content existing on the app, it may be liable for “its knowing distribution and targeted recommendation of the Blackout Challenge videos.”
This story was originally published August 28, 2024 at 4:01 PM with the headline "TikTok lawsuit over 10-year-old’s ‘Blackout Challenge’ death can proceed, court rules."
