> because the visitor of the site was a young girl that they chose to surface this video
That's one hell of a specific accusation - that they looked at her age alone and determined solely based on that to show her that specific video?
First off, at 10, she should have had an age-gated account that shows curated content specifically for children. There's nothing to indicate that her parents set up such an account for her.
Also, it's well understood that Tiktok takes a user's previously watched videos into account when recommending videos. It can identify traits about the people based off that (and by personal experience, I can assert that it will lock down your account if it thinks you're a child), but they have no hard data on someone's age. Something about her video history triggered displaying this video (alongside thousands of other videos).
Finally, no, the girl did not do a search (that we're aware of). But would the judge's opinion have changed? I don't believe so, based off of their logic. TikTok used an algorithm to recommend a video. TikTok uses that same algorithm with a filter to show search results.
In any case, a tragedy happened. But putting the blame on TikTok seems more like an attack on TikTok and not an attempt to reign in the industry at large.
Plus, at some point, we have to ask the question: where were the parents in all of this?
Anyways.