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British Families' TikTok Lawsuit Reaches Key Test in Delaware as Judge Weighs Dismissal

The judge’s pending ruling will determine whether the families can seek discovery for internal TikTok records.

Overview

  • A motion-to-dismiss hearing was held in Delaware on Friday, with the judge taking the matter under advisement and no ruling yet announced.
  • TikTok argues the dispute belongs in the UK and cites US legal protections, while the families say Delaware is proper because ByteDance is incorporated there.
  • The parents allege TikTok’s recommender systems amplified dangerous content, including material linked to the so-called Blackout Challenge, and that key account data has not been provided.
  • If the motion is denied, the case will move to discovery that could compel disclosure of moderation files and any recoverable user histories over a period that could span years.
  • TikTok expresses sympathy and says it bans dangerous challenges, uses detection and enforcement to remove violative content, and reports removing 99% before it is flagged, as UK campaigners press separately for ‘Jools’ Law’ to preserve a deceased child’s data.