Social media “viral” trends are not new. Many seem harmless and fun while others are dangerous and can lead to serious injury or even death. Of high concern is TikTok, which seems to be a current leader of the social media platforms. There is no question the platform provides widespread access to its content to both adults and children. But a question that the legal industry is focused on is whether TikTok can be sued for injuries or deaths caused by TikTok content.
There have been several lawsuits filed against TikTok, Inc. and its Chinese parent company, ByteDance Inc. Many lawsuits seem to involve “challenges” that have resulted in people and children dying. Though there seems to be various lawsuits that have been filed that are still pending and some lawsuits have already been tossed out by courts. TikTok seems to rely on the federal Communications Decency Act (CDA) and it allegedly provides immunity to platforms, like TikTok, that publish others’ work. Other social media giants, such as Facebook, Instagram, and related YouTube companies are also being sued for incidents involving the injuries and deaths of users. However, there seems to be ways to get around the CDA as other lawsuits continue to move forward.
In March of 2023, the U.S. Congress held a hearing specifically regarding TikTok and that there was a clear concern that the availability of dangerous content was damaging children’s mental and physical health. The focus of the hearing was split on other political and security concerns as well, but it is clear that TikTok will continue to be the subject of scrutiny and additional lawsuits.
There may be ways to hold social media platforms accountable for the injuries and deaths of users. If you or someone you know has been injured or killed, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or toll free at 1-800-870-9584.