A New York judge has ruled that Meta and ByteDance (owner of TikTok) can face a lawsuit filed by the mother of a teenager who died while attempting a “subway surfing” stunt.

The case could have major implications for how social media platforms handle viral content targeting minors.

What happened?

On 30 June 2025, a Manhattan judge allowed wrongful death and negligence claims to proceed against Meta and TikTok’s parent company, ByteDance.

The lawsuit was filed by Norma Nazario, whose 15-year-old son, Zackery Nazario, died on 20 February 2023 after hitting his head on a beam while “subway surfing” on a moving train in Brooklyn. The stunt was reportedly inspired by viral videos on social media.

Judge rejects platform immunity

Justice Paul Goetz ruled that the case could move forward, stating it was plausible that Meta and ByteDance used algorithms to promote dangerous content, including videos of subway surfing, to users like Zackery.

The judge also noted the platforms may have played an active role in encouraging engagement with such content, particularly among teenagers.

The companies had argued they were shielded by Section 230 of the U.S. Communications Decency Act, which generally protects tech platforms from being held liable for user-generated content.

However, the court found that the lawsuit alleged more than passive hosting. It raised questions about the platforms’ role in promoting content via algorithms designed to maximise user engagement.

Claims against New York’s Metropolitan Transportation Authority (MTA) were dismissed. The judge found the MTA could not be held liable, as subway surfing is a well-known danger and the MTA had made efforts to discourage such behaviour.

What does it means for Malaysia

This ruling is part of a growing trend where courts are scrutinising how social media platforms use algorithms to recommend content—especially to minors.

If this lawsuit results in damages or stricter regulation, it may force companies like Meta and ByteDance to redesign how challenges and trends are promoted.

In Malaysia and across Southeast Asia, many young users consume similar content on platforms like TikTok and Instagram. While not all challenges are harmful, the case highlights the need for clearer safeguards.

It also raises questions for parents, educators, and policymakers about how algorithmic recommendations shape user behaviour—particularly among teens.

Broader impact

The case is still in the early stages and will now proceed to trial unless settled. Legal observers suggest the outcome could influence how platforms design their recommendation systems and how liability laws apply to algorithm-driven content. This could eventually affect platform policies worldwide.

With courts now asking whether algorithmic feeds can lead to harm, do you think social media companies should be held accountable for promoting dangerous trends?

Stay tuned to TechNave.com for more updates.