TikTok has to face a lawsuit from the mother of 10-year-old Nylah Anderson, who “unintentionally hanged herself” after watching videos of the so-called blackout challenge on her algorithmically curated For You Page (FYP). The “challenge,” according to the suit, encouraged viewers to “choke themselves until passing out.”
TikTok’s algorithmic recommendations on the FYP constitute the platform’s own speech, according to the Third Circuit court of appeals. That means it’s something TikTok can be held accountable for in court. Tech platforms are typically protected by a legal shield known as Section 230, which prevents them from being sued over their users’ posts, and a lower court had initially dismissed the suit on those grounds.
This is a false narrative that stock traders push. The fiduciary duty is just one of several that executives have, and does not outweigh the duty to the company health or to employees. Obviously shareholders will try to argue otherwise or even sue to get their way, because they only care about their own interests, but they won’t prevail in most cases if there was a legitimate business interest and justification for the actions.