On Tuesday, more than a dozen US states and the District of Columbia filed lawsuits against TikTok. They claim that the popular short-form app is harming the mental health of youth by designing its platform so that it is addictive for kids.
The lawsuits are the result of a nationwide investigation into TikTok that was launched in March 2020 by a bipartisan group of attorneys general from several states, including New York and California. All complaints were filed with state courts.
Each lawsuit focuses on the TikTok algorithms, which power what users see by populating the “For You” main feed of the app with content tailored to their interests. The lawsuits also highlight design features they claim make children addicted to TikTok, such as the scrolling through content indefinitely, push notifications with built-in “buzzes”, and face filters which create unattainable looks for users.
In its filings the District of Columbia referred to the algorithm as “dopamine inducing” and said that it was designed to be addictive intentionally so the company could trap young users and keep them on the app for hours at a time. TikTok is doing this despite the fact that it knows these behaviors can lead to “profound physiological and psychological harms” such as anxiety, body dysmorphia, and other long-lasting issues, according to the complaint.
In an interview, District of Columbia Attorney-General Brian Schwalb stated that the platform is a source of profit for the company.
“We strongly oppose these claims. Many of them we believe are inaccurate and misleading. In response to the lawsuits, TikTok’s Alex Haurek said that the company was proud of the work it has done to protect teens. It also stated that the company would continue to update and enhance its product. “We have been working with the Attorneys-General for over two years and it’s incredibly disappointing that they have taken this action rather than work with our industry to find constructive solutions.”
The social media company does not allow children younger than 13 to sign up for their main service, and some content is restricted for anyone under 18. Washington and other states, however, said in their filings that children could easily bypass these restrictions. This would allow them to access services that adults use.
“TikTok claims to be safe for young children, but this is not true. In New York and throughout the country, many young people have been killed or injured while attempting dangerous TikTok challenges. Many more are feeling sad, anxious and depressed due to TikTok’s addictive features,” New York attorney general Letitia James stated in a press release.
The lawsuit also targets other areas of the company’s operations.
The district claims that TikTok operates as an “unlicensed digital economy” because it allows people to buy TikTok Coins, a virtual currency on the platform, and send “Gifts”, which can be exchanged for real money by streamers who are part of TikTok LIVE. TikTok charges a 50% commission for these financial transactions, but according to the complaint, it has not registered as a money-transmitter with the U.S. Treasury Department and authorities in the district.
Officials claim that teens are often exploited to create sexually explicit content using TikTok’s LIVE streaming function, which allows the app to operate as a “virtual stripclub” without age restrictions. They claim that the company’s cut from financial transactions allows them to profit from exploitation.
The 14 attorneys general claim that the goal of their lawsuits are to stop TikTok using these features, impose monetary penalties for their alleged unlawful practices and collect damages from users who have been harmed.
In the last few years, many states have filed lawsuits in response to the growing concern about social media platforms’ impact on youth. In some cases, these challenges have been coordinated to resemble how states organized against the tobacco industry and pharmaceutical companies.
Last week, Texas Attorney-General Ken Paxton filed a lawsuit against TikTok. He claimed that the company shared and sold minors’ personal data in violation of new state laws prohibiting these practices. TikTok denies the allegations and is also fighting a similar federal lawsuit filed by the Department of Justice in August.
Several Republican-led state, including Nebraska, Kansas and New Hampshire, Kansas, Iowa, and Arkansas, sued the company in the past, some unsuccessfully. They alleged that it was harming children’s health, exposing them “inappropriate” material, or allowing young adults to be sexually abused on its platform. Arkansas has filed a lawsuit against YouTube and Meta Platforms which owns Facebook, Instagram, and is being sued over allegations that it harms young people’s health. New York City, as well as some public school districts, have also filed their own lawsuits.
TikTok is facing additional challenges at the national scale. TikTok, a Chinese–based platform, could be banned in the U.S. if its parent company ByteDance does not sell it by mid-January.
Both TikTok, and ByteDance, are challenging the law in an appeals court located in Washington. Three judges heard oral arguments last month in the case and are expected to make a ruling that could be appealed all the way to the U.S. Supreme Court.
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