Japan Tech Giant Toshiba Studying Going Private as an Option

FILE - In this June 15, 2017, file photo, the logo of Toshiba Corp., Japan's electronics and energy company, is seen on a screen during a press conference in Yokosuka, near Tokyo. (AP Photo/Shuji Kajiyama, File)
FILE - In this June 15, 2017, file photo, the logo of Toshiba Corp., Japan's electronics and energy company, is seen on a screen during a press conference in Yokosuka, near Tokyo. (AP Photo/Shuji Kajiyama, File)
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Japan Tech Giant Toshiba Studying Going Private as an Option

FILE - In this June 15, 2017, file photo, the logo of Toshiba Corp., Japan's electronics and energy company, is seen on a screen during a press conference in Yokosuka, near Tokyo. (AP Photo/Shuji Kajiyama, File)
FILE - In this June 15, 2017, file photo, the logo of Toshiba Corp., Japan's electronics and energy company, is seen on a screen during a press conference in Yokosuka, near Tokyo. (AP Photo/Shuji Kajiyama, File)

Toshiba executives said Friday that privatization remains an option for the Japanese technology company, as they defended their efforts to choose the right bidder to restore what they called “a strong Toshiba.”

Tokyo-based Toshiba has been trying to win over shareholders to a restructuring plan. The company has not given the nationalities or other details of the potential investor partners, including eight that have recommended that Toshiba Corp. go private.

Toshiba's chairperson, Jerry Black, stressed in an online news conference that how bidders’ proposals are evaluated will be transparent to all stakeholders, The Associated Press said.

The goal is for Toshiba to go through what he called a “radical transformation” quickly, showing a clear direction and leadership, Black told reporters.

In March, investors rejected a company-backed reform proposal to split Toshiba into two businesses.

Some shareholders, including foreign investment funds and US-based proxy advisory firm Institutional Shareholders Services, opposed the plan. An earlier plan that also was scrapped had called for a three-way split.

Black, who has experience in international consulting and turning around troubled Japanese companies, and Taro Shimada, a former executive at Siemens, have been trying to come up with another plan.

“It’s important that we focus our assets to move forward. Many people are saying Toshiba has weakened,” said Shimada, who took over as chief executive three months ago.

The options will be narrowed down after a June 28 general shareholders’ meeting, according to Toshiba. The company is seeking shareholders’ approval at that meeting for nominations of some outside directors to the board. The selected investment partners will be asked to submit legally binding proposals in July.

Japan Investment Corp., owned partly by the Japanese government, and US investment fund Bain Capital are reportedly among those trying to acquire Toshiba.

Black said Toshiba was working closely with the Japanese government in evaluating its options.

It remains unclear if a suitor needs a Japanese partner to be able to close the deal.

“Japan and the world will need a strong Toshiba,” Black told reporters.

Toshiba has been struggling since the Fukushima nuclear disaster in March 2011. A tsunami sent three reactors into meltdowns, spewing radiation over an area that’s still partly a no-go zone. The company is involved in the decommissioning effort, which will take decades.

Its reputation also was tarnished by an accounting scandal, which involved books being doctored for years.

Toshiba has recently promised to boost its value by focusing on digital businesses, data services and infrastructure, such as light-detection technology, flexible materials, batteries and next-generation nuclear reactors.

Former chief executive Satoshi Tsunakawa, who had tried to lead Toshiba through reforms in recent years, is stepping down from the board.

Toshiba, founded about 150 years ago, had prided itself on its technological prowess for decades. It still has a sprawling business that includes computers, electronic devices and home appliances.



TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
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TikTok Must Face Lawsuit over 10-year-old Girl's Death, US Court Rules

A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake
A view shows the office of TikTok after the US House of Representatives overwhelmingly passed a bill that would give TikTok's Chinese owner ByteDance about six months to divest the US assets of the short-video app or face a ban, in Culver City, California, March 13, 2024. REUTERS/Mike Blake

A US appeals court has revived a lawsuit against TikTok by the mother of a 10-year-old girl who died after taking part in a viral "blackout challenge" in which users of the social media platform were dared to choke themselves until they passed out, Reuters reported.

While a federal law typically shields internet companies from lawsuits over content posted by users, the Philadelphia-based 3rd US Circuit Court of Appeals on Tuesday ruled the law does not bar Nylah Anderson's mother from pursuing claims that TikTok's algorithm recommended the challenge to her daughter.

US Circuit Judge Patty Shwartz, writing for the three-judge panel, said that Section 230 of the Communications Decency Act of 1996 only immunizes information provided by third parties and not recommendations TikTok itself made via an algorithm underlying its platform.

She acknowledged the holding was a departure from past court rulings by her court and others holding that Section 230 immunizes an online platform from liability for failing to prevent users from transmitting harmful messages to others.

But she said that reasoning no longer held after a US Supreme Court ruling in July on whether state laws designed to restrict the power of social media platforms to curb content they deem objectionable violate their free speech rights.

In those cases, the Supreme Court held a platform's algorithm reflects "editorial judgments" about "compiling the third-party speech it wants in the way it wants." Shwartz said under that logic, content curation using algorithms is speech by the company itself, which is not protected by Section 230.

"TikTok makes choices about the content recommended and promoted to specific users, and by doing so, is engaged in its own first-party speech," she wrote.

TikTok did not respond to requests for comment.

Tuesday's ruling reversed a lower-court judge's decision dismissing on Section 230 grounds the case filed by Tawainna Anderson against TikTok and its Chinese parent company ByteDance.

She sued after her daughter Nylah died in 2021 after attempting the blackout challenge using a purse strap hung in her mother's closet.

"Big Tech just lost its 'get-out-of-jail-free card,'" Jeffrey Goodman, the mother's lawyer, said in a statement.

U.S. Circuit Judge Paul Matey, in a opinion partially concurring with Tuesday's ruling, said TikTok in its "pursuit of profits above all other values" may choose to serve children content emphasizing "the basest tastes" and "lowest virtues."

"But it cannot claim immunity that Congress did not provide," he wrote.