Can TikTok Deliver Accountability for Grieving Mothers?

The ongoing lawsuit against TikTok by a group of parents, including Ellen Roome from Gloucestershire, seeks accountability from the social media giant following the tragic deaths of their children while participating in the 'blackout challenge'. The case raises critical questions about the responsibilities of social media platforms and the safety of their content for young users.

Last updated: 07 October 2023 (BST)

What’s happening now

The lawsuit initiated by Ellen Roome and other parents is currently in its initial hearing phase at the Superior Court of the State of Delaware. This first hearing, known as a Motion to Dismiss, is pivotal as TikTok aims to challenge the lawsuit's validity, arguing that the court lacks jurisdiction over a company primarily based in the UK. The parents contend that the deaths of their children are directly linked to the dangerous content promoted by TikTok, specifically through challenges that encourage risky behaviour.

Key takeaways

• Ellen Roome is suing TikTok after her son died while engaging in a dangerous online challenge.
• The lawsuit claims TikTok's design is intended to promote addictive usage among children.
• The case raises concerns about social media accountability and content regulation.

Timeline: how we got here

Key milestones leading up to the current lawsuit include:

• **2021**: The deaths of several children linked to dangerous social media challenges begin to raise alarm among parents and advocacy groups.
• **April 2023**: Ellen Roome starts her advocacy for "Jools' Law," aimed at allowing parents to access their deceased children's social media accounts.
• **October 2023**: The first hearing of the lawsuit against TikTok occurs.

What’s new vs what’s known

New today/this week

This week, the lawsuit's initial hearing is underway, with TikTok attempting to dismiss the case based on jurisdictional claims. Roome and her legal team assert that they have a legitimate case that deserves to be heard in court.

What was already established

Previous reports and studies have indicated that social media platforms, including TikTok, often host content that can be harmful, particularly to younger users. The phenomenon of the 'blackout challenge' has been highlighted as a dangerous trend that encourages dangerous behaviour, leading to significant concern among parents and child safety advocates.

Impact for the UK

Consumers and households

The ongoing case could have significant implications for UK families, particularly concerning the safety of children on social media. If successful, it may lead to more stringent regulations on how platforms like TikTok monitor and manage content that could pose risks to young users.

Businesses and jobs

For TikTok and similar companies, the outcome of this lawsuit could influence operational practices and content moderation policies. A ruling against TikTok may prompt other platforms to reevaluate their approaches to content safety and user engagement.

Policy and regulation

This case could catalyse discussions around new legislation aimed at protecting minors online. "Jools' Law," if enacted, may set a precedent for how social media companies handle the accounts of deceased users and the responsibilities they hold towards their young audience.

Numbers that matter

• 99%: The percentage of content TikTok claims to remove that violates its rules before being reported.
• 5: The number of children whose deaths are linked to the 'blackout challenge' in the lawsuit.
• 1: The aim of "Jools' Law" to grant parents access to their deceased children's social media accounts.

Definitions and jargon buster

• Blackout challenge: A dangerous trend on social media where users attempt to hold their breath until they lose consciousness, which can lead to serious injury or death.
• Jools' Law: Proposed legislation aimed at allowing parents to access their deceased children's social media accounts.
• Jurisdiction: The authority of a court to hear a case and make legal decisions.

How to think about the next steps

Near term (0–4 weeks)

The immediate focus will be on the outcome of the Motion to Dismiss hearing. If the court rules in favour of the parents, the case will move forward to the discovery phase, where TikTok may be required to provide data related to the deceased children.

Medium term (1–6 months)

The lawsuit’s progress through the legal system will be closely monitored, particularly regarding any rulings on jurisdiction and the potential requirement for TikTok to disclose information about its content moderation practices and user engagement strategies.

Signals to watch

• Updates on the court's decision regarding the Motion to Dismiss.
• Responses from TikTok regarding changes in policy related to content moderation.
• Legislative movements regarding "Jools' Law" and other child safety laws in the UK.

Practical guidance

Do

• Stay informed about the ongoing legal proceedings and any implications for social media use.
• Advocate for stronger regulations on social media content aimed at children.

Don’t

• Ignore the importance of discussing online safety with children.
• Assume that social media platforms are adequately monitoring harmful content.

Checklist

• Review your child’s online activity and discuss any concerning content.
• Encourage open communication about online challenges and trends.
• Educate yourself about the potential risks of social media use.

Risks, caveats, and uncertainties

While the parents involved in the lawsuit have strong sentiments regarding accountability and safety, the case faces challenges, particularly concerning jurisdiction and the legal protections afforded to social media companies under existing laws. The outcome remains uncertain, and the evolving nature of social media regulation means that parents should stay proactive in monitoring their children's online experiences.

Bottom line

The lawsuit against TikTok highlights a growing demand for accountability from social media platforms regarding the safety of young users. As the legal proceedings unfold, the implications for parents, children, and social media companies will be significant. It is essential for families to remain vigilant about online safety and advocate for better protections for children in digital spaces.

FAQs

What is the lawsuit against TikTok about?

The lawsuit involves parents suing TikTok for accountability after their children died while attempting a dangerous challenge promoted on the platform.

What is "Jools' Law"?

"Jools' Law" is proposed legislation that would allow parents to access their deceased children's social media accounts for clarity regarding their online activity.

Why is TikTok trying to dismiss the case?

TikTok is attempting to dismiss the case based on claims that the court lacks jurisdiction over the company, which is primarily based in the UK, and citing protections under US law regarding third-party content.