The New Paradigm of Algorithmic Platform Liability through Anderson v. TikTok and Its Implications for Korean Law

This study analyzes the new legal framework for algorithmic platform liability established by the Third Circuit Court of Appeals' Anderson v. TikTok decision in 2024 and derives its implications for Korean law. In the case where a 10-year-old girl died after viewing dangerous Blackout Challenge videos through TikTok's recommendation algorithm, the court recognized algorithmic recommendations as “first-party speech” of the platform, thereby limiting Section 230 immunity under the Communications Decency Act. This landmark decision represents a significant brake on the existing broad platform immunity framework. From a Korean constitutional perspective, this case involves conflicts between fundamental rights: the platform's freedom of expression versus users' right to life and safety, and corporate freedom of business versus consumers' right to know. The Korean Constitutional Court's principles of practical concordance and the four-step proportionality test can provide systematic resolution criteria for such complex fundamental rights conflicts. From a civil law perspective, while platform liability for aiding and abetting can be extended to algorithmic recommendation areas through expansive interpretation of existing tort law, there are fundamental limitations in adequately reflecting the unpredictable characteristics of AI systems. From a special law perspective, urgent tasks include applying product liability law to algorithms and establishing special duty systems for child protection. The Anderson decision highlighted limitations of existing legal systems through issues of burden of proof and information access rights, presenting the need for new approaches. Enhanced platform transparency, improved algorithmic accountability, and effective damage relief systems centered on child protection are emerging as common international tasks. Korean law has reached a point where it must combine creative interpretation of existing legal principles with fundamental institutional improvements to establish a new model that balances innovation and regulation.