TikTok’s ‘Blackout Challenge’ and Section 230 Immunity

In Anderson v. TikTok, Inc., the Third Circuit held that the liability of an Internet Service Provider such as TikTok depended on whether TikTok was sharing content via the platform’s algorithm or engaged in something more. The question of whether TikTok’s recommendation algorithm transformed content into TikTok’s own expressive activity was not immunized by Section 230 and has disrupted the protection previously enjoyed by Internet platforms like TikTok.

6 minute read January 01, 2025 at 01:05 AM
By
Carla Varriale-Barker
TikTok’s ‘Blackout Challenge’ and Section 230 Immunity

The U.S. Court of Appeals for the Third Circuit has refined the contours of the Communications Decency Act, 47 U.S.C. Section 230.

In Anderson v. TikTok, Inc.

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