British Parents Sue TikTok Over Children’s Deaths
Introduction to the Case
A mother who is among a group of British parents suing TikTok after the deaths of five children has described a hearing in America as “deeply painful”. Ellen Roome, 49, from Gloucestershire, has been campaigning since her 14-year-old son Jools Sweeney died at home in Cheltenham in 2022. She traveled to Delaware to attend the hearing in the Social Media Victims Law Center’s case against TikTok and its parent company ByteDance.
The Allegations
The case alleges that Jools, Isaac Kenevan, 13, Archie Battersbee, 12, Noah Gibson, 11, and Maia Walsh, 13, died when trying an online challenge. The grieving parents believe their children saw the challenge on TikTok – although they have no evidence. According to TikTok, the data about what their children saw was likely deleted due to privacy regulations.
The Lawsuit
The parents are suing TikTok in the US for wrongful death, a lawsuit that could help them find out what happened to their children if that data can be recovered. The mother wrote on Facebook: “Today we had our TikTok hearing.” “We now have to wait for the judge to decide whether the case will be dismissed or whether we will be allowed to continue with the discovery phase.”
The Hearing
She continued: "It was incredibly hard to attend the hearing. The language was cold, technical and legal. For the court, it’s about motions and procedures. For us, it’s about our children. Our dead children." "It was deeply painful to listen to lawyers argue abstract points while the reality of our loss remained silent behind every word. This is our lived experience, our grief and our determination to find the truth and protect other children."
Campaign for Change
The mother sold the financial company she had run for 18 years to campaign for the Jools Law, a right for parents to access their deceased child’s data without a court order. She is also pushing for broader changes to social media to improve children’s safety online. Speaking previously about internet safety, she said: "This is not about banning the internet. This is about preventing platforms from being inherently addictive, not exposing children to harm and shirking responsibility when the worst happens."
The Blackout Challenge
All five parents believe their children died while attempting a dangerous stunt called the blackout challenge. It’s been around for decades and is banned on mainstream social media apps, including TikTok. TikTok has filed a motion to dismiss the case, saying U.K. residents are suing U.S. companies that don’t operate in the U.K. or don’t offer the social media company’s services.
TikTok’s Response
TikTok has stated that applicable US law, such as the First Amendment, excludes liability for third-party content on TikTok. A TikTok spokesperson said: "Our deepest condolences go out to these families. We strictly prohibit content that promotes or encourages dangerous behavior." “By using robust detection systems and dedicated enforcement teams to proactively identify and remove this content, we remove 99% of content that violates these rules before it is reported to us.” “As a company, we adhere to the UK’s strict data protection laws.”
