"They kept pushing and pushing this stuff at him, referring to Meta and TikTok parent company ByteDance's algorithms that suggested subway surfing videos to her son. I can't even imagine how he felt, the pressure that he felt to go do this."
"ByteDance and Meta attorney Timothy Hester argued that Zackery's actions alone are the cause of his death, and that, as publishers, the First Amendment protects the social media companies' right to use algorithms how they see fit. Just like a newspaper decides, I'm going to run a story on the front page because it's the one my users want to read, it's the same thing in the social media context."
"Associate Justice Sallie Manzanet-Daniels questioned whether that line of reasoning holds true if the person affected is a minor, and if targeting those underage via algorithms is where a distinction should be drawn."
Zackery Nazario, 15, died in a subway surfing accident three years ago after his social media feeds were filled with videos of the dangerous activity. His mother, Norma Nazario, filed a lawsuit against Meta and ByteDance, claiming their algorithms deliberately targeted her son with subway surfing content. The companies appealed the case to the First Department Appellate Court after losing their initial motions to dismiss. During arguments, the companies' attorneys argued that Zackery's actions alone caused his death and that the First Amendment protects their algorithmic practices as publishers. However, the court questioned whether this reasoning applies when algorithms specifically target minors, raising questions about corporate responsibility in content recommendation to underage users.
Read at www.amny.com
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