A mother’s lawsuit against Mark Zuckerberg’s Meta and China’s TikTok over her teenage son’s death while attempting a viral “subway surfing” challenge will proceed, as a judge largely denied the social media giants’ motions to dismiss the case.
Ars Technica reports that a New York State Supreme Court judge has allowed a wrongful death lawsuit against Meta and TikTok to move forward. The suit, brought by Norma Nazario, alleges that the platforms’ algorithms intentionally targeted her teenage son Zackery with dangerous “subway surfing” videos, ultimately leading to his tragic death.
Judge Paul Goetz denied most of the social media companies’ motions to dismiss the claims, which they argued should be barred under Section 230 of the Communications Decency Act (CDA) and the First Amendment. The judge stated that Nazario had adequately alleged that the subway surfing content “was purposefully fed” to her son because of his age, rather than due to any user inputs indicating his interest in such content.
This decision sets the stage for a potentially groundbreaking case, as it suggests that social media platforms’ algorithms may not always be considered content-neutral. In his ruling, Judge Goetz wrote that “it is plausible that the social media defendants’ role exceeded that of neutral assistance in promoting content and constituted active identification of users who would be most impacted by the content.”
As the case proceeds, Nazario will have the opportunity to seek discovery that could reveal exactly how her son came to interact with the deadly subway surfing content. Rather than demanding the removal of all such content, Nazario aims to hold the platforms accountable for what she claims are dangerous design choices that supposedly target unsuspecting teens.
If Nazario’s claims are proven, it could mean that platforms will be required to update their algorithms to stop sending “dangerous” challenges to teens during a time when they are more likely to make reckless decisions. This case highlights the ongoing debate about the responsibility of social media companies in protecting vulnerable users from potentially harmful content.
The tragic incident occurred when Zackery unlocked a train door, climbed on top of a moving train, and turned to look at his girlfriend as the train crossed the Williamsburg Bridge. He struck his head on a low beam and fell between the subway cars, ultimately losing his life at the scene.
A Meta spokesperson told Breitbart News, “We are disappointed with this ruling, but it does nothing to address the merits of the case. Leaders and transportation authorities have grappled with the challenges of subway surfing for decades. Videos encouraging this kind of dangerous activity violate our policies, and we remove them when we become aware of them. We will continue to work with MTA to address this issue, and will vigorously defend ourselves against this suit.”
Read more at Ars Technica here.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
