10-Year-Old Child Dies Doing TikTok 'Fainting Challenge'... US Court Rules TikTok Not Responsible

Filming and Sharing Oneself Strangling Until Fainting
Court: "Under the Telecommunications Integrity Act, Operators Are Exempt from Liability for Content"

[Image source=Yonhap News]

[Asia Economy Reporter Yoon Seul-gi] The parents of a 10-year-old girl who died while attempting the 'fainting challenge' that went viral on the video platform TikTok filed a lawsuit but lost the case.

According to the Wall Street Journal (WSJ) on the 27th (local time), the U.S. District Court for the Eastern District of Pennsylvania dismissed the damages lawsuit filed by the mother of 10-year-old Naila Anderson, who died last year.

Earlier, Anderson was found unconscious after attempting the fainting challenge, which went viral on TikTok in December last year. The fainting challenge is a dangerous game where participants film themselves choking themselves until they faint and share the videos. It has been popular among some teenagers for over 10 years as a way to show off their courage.

Anderson's mother claimed TikTok was responsible because her daughter was exposed to fainting challenge videos due to TikTok's content algorithm. However, the court ruled that TikTok cannot be held liable for Anderson's death.

The court explained that under Section 230 of the Communications Decency Act, which grants immunity to internet service providers for content posted by users, even if Anderson was exposed to fainting challenge videos because of TikTok's algorithm, TikTok cannot be held responsible. The court stated, "Algorithms are also protected by law," and added, "It is Congress, not the courts, that granted such immunity."

In response, the plaintiff's attorney argued, "The Communications Decency Act was not enacted to protect internet companies that expose children to dangerous content."

Meanwhile, among teenagers using TikTok, dangerous challenges such as the fainting challenge, the 'Milk Crate Challenge'?stacking milk crates and climbing to the top?and the 'Skull Breaker Challenge,' where two people simultaneously kick the calf of a third person from the side causing them to fall, are trending. As cases of injuries and even deaths from attempting these challenges increase, TikTok announced in July that it would add a feature to measure the severity of content to prevent minors from viewing inappropriate content.