TikTok has to face a lawsuit from the mother of 10-year-old Nylah Anderson, who “unintentionally hanged herself” after watching videos of the so-called blackout challenge on her algorithmically curated For You Page (FYP). The “challenge,” according to the suit, encouraged viewers to “choke themselves until passing out.”

TikTok’s algorithmic recommendations on the 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 court had initially dismissed the suit on those grounds.

  • ah shit me and my friends used to do this, pre-social media. I remember one time in middle school recess, going out to the farthest corner of the playground with my friends, and we all did a thing where we took turns holding our breath while someone else squeezed our chest. I remember blacking out, hearing the pokemon theme in pitch darkness, and then waking up on the ground.

    I don’t think we did it more than once (at least I didn’t). But of course, the crucial difference was that I was with my dumbass friends, so at least there was someone to run for help if someone didn’t wake up.