Appeals Court Questions TikTok’s Section 230 Shield for Algorithm

appeals-court-questions-tiktok’s-section-230-shield-for-algorithm
Appeals Court Questions TikTok’s Section 230 Shield for Algorithm

Posted by msmash from the how-about-that dept.

A U.S. appeals court has revived a lawsuit against TikTok over a child’s death, potentially limiting tech companies’ legal shield under Section 230. The 3rd U.S. Circuit Court of Appeals ruled that the law does not protect TikTok from claims that its algorithm recommended a deadly “blackout challenge” to a 10-year-old girl.

Judge Patty Shwartz wrote that Section 230 only immunizes third-party content, not recommendations made by TikTok’s own algorithm. The decision marks a departure from previous rulings, citing a recent Supreme Court opinion that platform algorithms reflect “editorial judgments.” This interpretation could significantly impact how courts apply Section 230 to social media companies’ content curation practices.

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