A child died while participating in a Tiktok challenge in the United States, and the court continues to hear the case

A 10-year-old girl died in Pennsylvania, USA, while trying to overcome a challenge she saw on Tiktok. Initially, the case was dismissed, but on Tuesday, a three-judge panel sent the case back to the court of first instance.

Dubbed the “blackout challenge,” the video went viral in 2021 and shows people suffocating until they lose consciousness. Nylah Anderson, a 10-year-old girl, saw this challenge and died trying to overcome it.

The girl’s mother found her unresponsive in a closet at their home in Chester, near Philadelphia, and tried to revive her. The child died five days later.

The case went to court but was dismissed by a district judge, citing Section 230 of the Communications Decency Act of 1996. The law protects companies doing business on the internet from publications by others.

according to NBC10 Philadelphia, On Tuesday, three judges of the Court of Appeal sent the case back to the court of first instance for retrial. TikTok may be held responsible Used to promote content or algorithmically target it to children.

“TikTok chooses what content to recommend and promote to specific users, and in doing so, it itself engages in speech,” Judge Patty Shwartz of the 3rd U.S. Circuit Court in Philadelphia wrote on Tuesday.

Judge Paul Matey found the app had problems because “Nylah had no idea what she was doing, nor that following the images on her screen would kill her. But TikTok knew Nylah would watch because the company’s custom algorithm placed those videos on its user page.”

Lawyers for the mother, Tawaina Anderson, argued that the content appeared on Nylah Anderson’s “For You” show.

Tawaina Anderson said at the 2022 press conference that she can’t “Stop remembering that day.” He was unable to bring his daughter back, but “it’s time to stop these challenges so other families don’t have to go through the heartbreak he goes through every day.”