In Wilmington, Delaware, six families have taken legal action against TikTok, alleging that the platform’s algorithm is flawed, addictive, and particularly harmful to minors by exposing them to unsettling content.

Last Friday, a Delaware judge considered a motion to dismiss the civil lawsuit. The case involves five families from the United Kingdom and one from Delaware.

The lawsuit has been filed by families whose children, aged between 11 and 17, reportedly participated in a dangerous choking challenge after viewing related content on TikTok. Tragically, all the children have died over the past few years.

The families aim to hold TikTok accountable through this lawsuit, seeking justice and changes to the platform.

Michelle Ortiz, one of the parents involved in the suit, lost her son, Jaedon Bovell, who tragically 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Critics argue that the law is outdated.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.”