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.
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.
By
Carla Varriale-Barker
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