TikTok—Multiple children died attempting TikTok's algorithmically promoted 'blackout challenge'
Between 2021 and 2022, multiple children died after attempting TikTok's 'blackout challenge,' which involved choking oneself until passing out. In one prominent case, a 10-year-old girl died after TikTok's algorithm recommended the challenge video to her. In August 2024, the U.S. Third Circuit Court of Appeals ruled that TikTok's algorithmic recommendation of the blackout challenge was not protected by Section 230, holding that the platform's recommendation algorithm constitutes its own expressive activity, not merely hosting user content.
Scoring Impact
| Topic | Direction | Relevance | Contribution |
|---|---|---|---|
| Child Safety | -against | primary | -1.00 |
| Consumer Protection | -against | secondary | -0.50 |
| Content Moderation | -against | primary | -1.00 |
| Overall incident score = | -0.627 | ||
Score = avg(topic contributions) × significance (critical ×2) × confidence (0.75)× agency (negligent ×0.5)
Evidence (3 signals)
Third Circuit ruled TikTok's algorithmic promotion of blackout challenge to 10-year-old not protected by Section 230
In August 2024, the U.S. Third Circuit Court of Appeals reversed dismissal of Anderson v. TikTok, ruling that TikTok's algorithm recommending the blackout challenge to a 10-year-old girl who died was the platform's own expressive activity, not protected by Section 230.
Third Circuit opinion in Anderson v. TikTok held algorithm is platform's own expressive activity, not third-party content
The Third Circuit's opinion cited Moody v. NetChoice to hold that TikTok's algorithm constitutes the platform's own 'expressive product' when it curates and recommends content. The court reversed the district court's Section 230 dismissal, holding that TikTok promoted the blackout challenge to 10-year-old Nylah Anderson without her requesting it.
Anderson family stated ruling could help prevent 'unimaginable suffering' from social media companies exploiting children
TechPolicy.Press documented the full case history. The Anderson family stated: '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.' TikTok ultimately declined to petition the Supreme Court for certiorari.