TikTok Bomb Threats May Test the Limits of Platforms’ Liability

Schools across the U.S. have increased security, and some have even closed on Friday (Dec. 17), after some TikTok posts warning of shooting and bomb threats around the country went viral.

Despite officials assured parents that these posts were not considered a credible threat, administrators said that local police departments would increase their presence around schools “out of an abundance of caution.”

This incident may once again put the spotlight on whether online platforms should be held responsible for the content published on their sites. Under U.S. law, in particular Section 230 of the Communication Decency Act, social media companies like TikTok are generally exempt from liability for the material users post on their networks. This exemption, adopted in 1996 in the earlier days of internet, was aimed at providing a “safe harbor” for the companies operating in this nascent technology.

Yet, it is unclear if by changing or removing that exemption, the platforms will be automatically held accountable. “Even without 230, there are just a lot of barriers against being able to bring a cause of action against the medium on which a threat was posted,” said Jeff Kosseff, who teaches cybersecurity law at the U.S. Naval Academy.

In a statement, TikTok said that is working with law enforcement.

“We handle even rumored threats with utmost seriousness,” the statement said. Despite their efforts, the platform couldn’t prevent these videos from going viral and causing distress among students and parents, as well as significant costs for the public.

The tide may be turning for these platforms as the U.K. and the European Union are proposing new legislation that will hold internet companies accountable for the content posted on their networks if it is harmful.