United States of America: Issued ruling in Lawsuit on Applicability of Section 230 Immunity to Targeted Recommendations (Tawainna Anderson v TikTok)

On 27 August 2024, the US Court of Appeals for the Third Circuit issued a ruling in the case of Tawainna Anderson v TikTok (No. 22-3061), which concerns the applicability of the Section 230 immunity to TikTok. The original case arose in the context of a minor's accidental death after being recommended third-party videos on the so-called "Blackout Challenge" on her TikTok "For You Page". The District Court dismissed the original case on the grounds that the Section 230 immunity applied to TikTok. The Court of Appeals partially reversed the District Court's ruling, finding that the organisation of third-party content by TikTok's algorithms constituted first-party speech, which is not covered by the immunity, and remanded the case for trial.