TikTok Faces Legal Challenge from Bereaved Parents in US Court
Delaware – A group of British parents is pursuing legal action against TikTok in the United States, alleging the platform played a role in the deaths of their five children. The parents claim their children – Jools Sweeney, 14; Isaac Kenevan, 13; Archie Battersbee, 12; Noah Gibson, 11; and maia Walsh, 13 – died while attempting dangerous online challenges they encountered on tiktok.
Ellen Roome, the mother of jools Sweeney, described a recent hearing in Delaware as “deeply painful.” Roome has been a vocal campaigner since her son’s death in 2022 and is advocating for greater accountability from social media companies. She travelled to the US to attend the hearing, brought forth by the Social Media Victims Law Center against TikTok and its parent company, ByteDance.
The lawsuit centers around allegations that the children died while attempting the “blackout challenge,” a dangerous stunt that has circulated online for decades and is now banned on TikTok. While the parents believe their children were exposed to the challenge on the platform, they acknowledge a lack of definitive proof, complicated by TikTok’s assertion that data related to their children’s viewing history may have been deleted due to data privacy regulations.
The parents are seeking a wrongful death judgment in the US, hoping to uncover what content their children were viewing leading up to their deaths, if that data can be recovered. Roome detailed the emotional toll of the hearing on facebook, stating, “Sitting through the hearing was incredibly hard…For us, it is about our children. Our dead children.” She emphasized the disconnect between the legal proceedings and the profound grief experienced by the families.
Roome has dedicated herself to campaigning for “Jools’ Law,” wich would grant parents the right to access their deceased child’s data without requiring a court order. She is also advocating for broader changes to social media platforms to enhance child safety. “This is not about banning the internet,” Roome stated previously, “It is indeed about stopping platforms being addictive by design, exposing children to harm, and avoiding duty when the worst happens.”
Since her son’s death, Roome has been attempting to obtain data from TikTok and ByteDance to understand the circumstances surrounding his death.
TikTok is seeking to have the case dismissed, arguing that the UK residents are suing US entities that do not operate or provide the social media firm’s services in the UK. The company also cites US law, including the first Amendment, as a barrier to liability for third-party content posted on the platform.
In a statement, a TikTok spokesperson expressed sympathy for the families and reiterated the platform’s commitment to safety. “We strictly prohibit content that promotes or encourages dangerous behavior,” the spokesperson said,adding that TikTok proactively removes 99% of such content before it is indeed reported. The company also affirmed its compliance with UK data protection laws.
The case highlights the growing concerns surrounding the impact of social media on young people and the challenges of holding platforms accountable for harmful content.The outcome of the legal proceedings could have important implications for the future of social media regulation and the safety of children online.
