Earlier this week, 13 states and the District of Columbia all filed suit independently against social media giant TikTok. The central claim of the cases was that the app-maker explicitly designed the social media platform to be addictive to teens.
“TikTok intentionally targets children because they know kids do not yet have the defenses or capacity to create healthy boundaries around addictive content,” Rob Bonta, Attorney General of California, where TikTok is headquartered, said in statement. “TikTok must be held accountable for the harms it created in taking away the time — and childhoods — of American children.”
Beyond addiction, the suits claim that the heavy usage by teens of the app leads to psychological and emotional harm. Letitia James, Attorney General of New York, singled out so-called "beauty filters" which employ AI to alter a user's face, in a statement: “Beauty filters have been especially harmful to young girls. …Beauty filters can cause body image issues and encourage eating disorders, body dysmorphia, and other health-related problems.”
As NPR adds, in its filing, the District of Columbia also pointed to a kind of content-trapping of teens. The lawsuit claims that these online bubbles “bombard them with precisely the kinds of content that TikTok claims not to allow, including videos about weight-loss, body-image, and self-harm content.”
For its part, TikTok has refuted the claims and said it is proud of the "robust" safeguards it employs to protect teens. In a statement, Alex Haurek, a spokesperson for the company, said TikTok “strongly disagree[s] with these claims, many of which we believe to be inaccurate and misleading. We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product.” As The Verge notes, he added that the social media platform has spent the last two years working with state AGs “and it is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industry-wide challenges.”
The Facebook Parallel
TikTok is not the only social media giant facing these charges. Late last year, 41 states joined together to sue Meta (Facebook's parent company) over many similar claims. The complaint reads in part that “Meta has harnessed powerful and unprecedented technologies to entice, engage, and ultimately ensnare youth and teens. Its motive is profit, and in seeking to maximize its financial gains, Meta has repeatedly misled the public about the substantial dangers of its social media platforms. …It has concealed the ways in which these platforms exploit and manipulate its most vulnerable consumers: teenagers and children.”
Much like TikTok, Meta has decried the litigation in lieu of working with states to solve these issues. "“We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path,” a statement by the company notes, writes the AP.
Verdict
With the clock ticking until the end of the Biden Administration, the crusade against Silicon Valley waged over the last few years might be in jeopardy. Moreover, as our online lives consume every corner of our culture, this may also be our final chance to build in meaningful laws and regulations.
Be a smarter legal leader
Join 7,000+ subscribers getting the 4-minute monthly newsletter with fresh takes on the legal news and industry trends that matter.