Protecting the Presumption of Innocence: TikTok Detectives, Misinformation and Private Content Moderation

The presumption of innocence is a fundamental component of the American legal system, but modern media platforms undermine its effectiveness. Platforms like TikTok have become popular sites for true crime content, allowing online detectives to spin their own narratives about high-profile crimes, often with little regard for the truth. This trend undermines the integrity of the legal system and causes irreversible harm to those being baselessly accused on social media. While TikTok and other social media platforms employ guidelines to moderate users’ content, they consistently fall short in preventing the spread of unverified true crime content. This Note explores TikTok’s role in shaping perceptions of guilt and innocence, advocating for the platform to adopt stronger, more effective content moderation policies.