Document Type
Student Note
Abstract
The Communications Decency Act (“CDA”), enacted in 1996, was designed to support the rapid growth of the Internet, advancing access to political information, educational resources, culture, entertainment, and news. However, Section 230 of the CDA includes a key provision that grants nearly absolute immunity to online platforms such as Facebook, X, and TikTok. This provision states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Despite the Supreme Court’s apprehension to reexamine Section 230, the Third Circuit took a novel approach to potentially hold social media companies accountable for harmful content promoted through their algorithms in Anderson v. TikTok, Inc. This case involved the tragic death of a ten-year-old girl who participated in the dangerous “Blackout Challenge,” a TikTok trend encouraging acts of self-asphyxiation. The Third Circuit ruled that TikTok’s algorithm, which suggests videos to users based on predicted interactions, constitutes an “expressive product” of the company, and as such is protected speech. This Note will explore the history of Section 230 and the ensuing circuit split regarding immunity for interactive computer services in light of the Supreme Court’s inaction. It will examine the risks posed by unmoderated, algorithm-driven social media platforms in disseminating misinformation and promoting harmful content. Finally, this Note proposes that Congress should amend Section 230 to encompass comprehensive regulations that prioritize user safety while balancing free speech concerns. The Third Circuit took a step in the right direction with Anderson v. TikTok, Inc., and it is imperative to address the unbridled immunity that Section 230 currently provides.
Recommended Citation
Mackenzie G. Howe,
"Tik Tok" on the Clock: It's Time to Amend Section 230,
128
W. Va. L. Rev.
363
(2025).
Available at:
https://researchrepository.wvu.edu/wvlr/vol128/iss1/12