TikTok must face a lawsuit over the viral “blackout challenge” that several parents blame for their children’s deaths, a Pennsylvania-based appeals court ruled on Tuesday. The ruling illuminates how courts are thinking about platform accountability in the wake of a major Supreme Court ruling this year and could highlight the potential limits of a key tech immunity shield.
TikTok’s algorithmic recommendations on the For You Page (FYP) constitute the platform’s own speech, according to the Third Circuit court of appeals. That means it’s something TikTok can be held accountable for in court. Tech platforms are typically protected by a legal shield known as Section 230, which prevents them from being sued over their users’ posts, and a lower…