3rd Cir. Denies TikTok’s Request for En Banc Review of Section 230 Ruling

PHILADELPHIA — The 3rd Circuit U.S. Court of Appeals has denied TikTok’s request for en banc review of its ruling that Section 230 of the Communications Decency Act does not bar a lawsuit accusing it of causing the death of a 10-year-old girl who died by hanging after attempting to mimic a “Blackout Challenge” video.

In the Aug. 27 precedential opinion, a 3rd Circuit panel explained that while Section 230 shields online publishers from liability for content posted by others, TikTok could be held liable for promoting the content or using an algorithm that steers the content to children. The …