The U.S. Court of Appeals for the Third Circuit is faced with a critical decision, regarding TikTok’s algorithm and its relation to Section 230 of the Communications Decency Act. They are to decide whether TikTok’s highly personalized video recommendations are immune from civil liability under this section.
One of the central cases under review involves a mother who lost her 10-year-old daughter to a viral stunt on TikTok. She maintains that her claims against the platform should not be disregarded due to Section 230 protections. Section 230 generally provides immunity for online publishers who host third-party content. She argues that the algorithm in question, responsible for curating users’ “For You Page,” is so tailored to the individual that it should be considered TikTok’s own speech. As a result, this would mean it is not included under the statutory protections of Section 230.
It remains to be seen whether the court will agree with this stance, setting a possibly significant precedent for interpreting Section 230 in the context of advanced, personalized algorithms. The decision could potentially open the door for online entities to be held liable for the actions induced by their algorithms.
For more details about this ongoing case review, see the report on The National Law Journal.