Belgium Questions Apple’s iPhone 12 After France Suspends Sales Over Radiation 

An Apple iPhone 12 is pictured in a mobile phone store in Nantes, France, Sept. 13, 2023. (Reuters)
An Apple iPhone 12 is pictured in a mobile phone store in Nantes, France, Sept. 13, 2023. (Reuters)
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Belgium Questions Apple’s iPhone 12 After France Suspends Sales Over Radiation 

An Apple iPhone 12 is pictured in a mobile phone store in Nantes, France, Sept. 13, 2023. (Reuters)
An Apple iPhone 12 is pictured in a mobile phone store in Nantes, France, Sept. 13, 2023. (Reuters)

Belgium's junior minister for the digital economy said he would ask the telecoms regulator to analyze potential health risks linked to Apple's iPhone 12 after France ordered a halt to sales citing breaches of radiation exposure limits.

"It is my duty to make sure all citizens ... are safe", Mathieu Michel, state secretary for digitalization, said in a statement emailed to Reuters on Thursday.

Apple on Wednesday said the iPhone 12, launched in 2020, was certified by multiple international bodies as compliant with global radiation standards, that it had provided several Apple and third-party lab results proving the phone's compliance to the French agency, and that it was contesting its findings.

But France's move to halt iPhone 12 sales until Apple fixes the radiation issues it detected in two tests this week raised the prospect of further bans in Europe.

Germany's network regulator BNetzA said it might launch similar proceedings and was in close contact with French authorities. The Dutch digital watchdog also said it was looking into the matter and will ask the US firm for an explanation.

"I have rapidly reached out to the IBPT-BIPT (regulator) to ask for an analysis about the potential danger of the product", Michel said, adding that he had also asked the regulator to review all Apple smartphones, as well as devices made by other producers, at a later stage.

Researchers have conducted a vast number of studies over the last two decades to assess health risks resulting from mobile phones. According to the World Health Organization, no adverse health effects have been established as being caused by mobile phone use.



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.