Families sue TikTok over deaths of their children after apparent ‘choking challenge’

WILMINGTON, Del. (WPVI) — Six families are suing TikTok , claiming the company’s algorithm has a defect, is addictive, and targets minors with disturbing and troubling content.

On Friday, a judge in Delaware heard a motion to dismiss the civil case on behalf of five British families and a Delaware family.

The case centers on those six families whose children aged 11 to 17 allegedly took part in a choking challenge after seeing videos on the popular app. All died in recent years.

The families hope the suit will bring accountability.

Michelle Ortiz’s son, Jaedon Bovell, asphyxiated in 2020.

“Children make decisions not knowing finality like adults do, and they bank on this,” said Ortiz.

“TikTok has a For You page that deluges young people, young kids with dangerous material,” said Matthew Bergman, an attorney who represents the families. “In this case, dangerous choking challenges. Not material kids want to see, material they can’t turn away from.”

Lawyers for TikTok argued that the case should be dismissed under the First Amendment and the current law called the Communications Decency Act, which bars internet companies from liability for content by third parties.

Critics argue that the law is outdated.

Attorneys for TikTok had no comment, but a spokesperson said this is a case that should not be litigated in the United States, but rather in the United Kingdom.

“This is not the first time foreign nationals have sought justice in a U.S. court, particularly in the state where the company is incorporated,” said Bergman.

The parents said, even more troubling, they still don’t know what their children were exposed to on the application, alleging that TikTok won’t release the information.

They’re hoping that if the case moves forward, they’ll get that information in discovery.

“We just want the truth, but this company is preventing us from getting to the truth,” said Liam Walsh, a father of one of the victims.

In a statement Tiktok said in part, “Our deepest sympathies remain with these families. We strictly prohibit content that promotes or encourages dangerous behaviour. Using robust detection systems and dedicated enforcement teams to proactively identify and remove this content, we remove 99% that’s found to break these rules before it is reported to us.”