Legal Challenges
One potential avenue for pursuing justice is to challenge social media companies in the courts via consumer protection or personal injury laws. But bringing these kinds of lawsuits against social media companies is not easy.
Current Statutes Are Outdated
Laws such as the Communications Decency Act were created during the internet’s infancy and were focused on promoting the infrastructure growth of online technologies, as opposed to user protection. Section 230 of the Act offers protections for social media companies, treating them as separate from publishers and content creators and therefore not liable for content posted on their platforms. But this law, enacted in 1996, frames online platforms as simply virtual message boards, and does not consider all the ways that platforms influence how content is consumed by users.
Recently, however, through cases such as Anderson v. TikTok, Inc., the courts have begun to reevaluate the protections provided under Section 230. In Anderson, the U.S. Court of Appeals for the Third Circuit held that TikTok could be held liable for 10-year-old Nylah Anderson’s death while attempting the viral “Blackout Challenge.” While Anderson reflects an attempted shift towards placing guardrails on social platforms, the ruling serves, at best, as a warning. The adoption of formal regulations compelling social media platforms to stop dangerous content from reaching vulnerable audiences requires legislative reform—a step elected officials have yet to take.
Mental Health Harms Are Hard To Prove
The young victim in Anderson suffered from a physical and particularly extreme harm tied to specific content on TikTok’s platform. For people who developed mental health issues over an extended period due to use of a specific platform, proving a tie to social media can be more challenging.
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
