On October 8, over a dozen states and the District of Columbia filed lawsuits against TikTok, alleging that the popular short-video app is designed to be addictive to children and harms their mental health.
The lawsuits stem from a national investigation into TikTok, initiated in March 2022 by a bipartisan coalition of state attorneys general from various states, including New York, California, Kentucky, and New Jersey. All complaints were filed in state courts.
At the center of each lawsuit is TikTok's algorithm, which enhances what users see on the platform by filling the main 'For You' feed with content tailored to individual interests. The lawsuits point out design features of TikTok that allegedly make children addicted to the platform, such as the endless scrolling of content, automatic notifications with built-in 'buzzes,' and facial filters that create unattainable appearances for users.
'They have chosen profit over the health and safety, well-being, and future of our children,' said California Attorney General Rob Bonta at a press conference in San Francisco. 'And that is something we cannot accept. So we have sued.'
The latest lawsuits come almost a year after dozens of states sued Meta Platforms Inc., the parent company of Instagram, in state and federal courts for harming youth and contributing to the youth mental health crisis by deliberately designing addictive features that keep children engaged on their platforms.
'Keeping people on the platform is how they generate huge advertising revenues,' said District of Columbia Attorney General Brian Schwalb in an interview. 'But unfortunately, that’s also how they generate adverse impacts on users’ mental health.'
However, TikTok faces an even greater obstacle as its existence in the United States is in doubt. According to a federal law that took effect earlier this year, TikTok could be banned in the U.S. by mid-January if its China-based parent company, ByteDance, does not sell the platform by then. Both TikTok and ByteDance are challenging the law in an appeals court in Washington. A panel of three judges heard oral arguments in the case last month and is expected to issue a ruling, which could be appealed to the U.S. Supreme Court.
In its filings on October 8, the District of Columbia referred to the algorithm as a 'dopamine inducer' and stated that it was intentionally designed to be addictive, trapping many young users in excessive use and keeping them on the app for hours. TikTok does this despite knowing that these behaviors will lead to profound psychological and physiological harm, such as anxiety, depression, body dysmorphia, and other lasting issues, the district reported.
TikTok expressed disappointment that the lawsuits were filed after the company had been working with attorneys general for two years to address the issues. 'We completely disagree with these claims, many of which we believe are inaccurate and misleading,' said TikTok spokesperson Alex Haurek. 'We are proud of and remain deeply committed to the work we have done to protect teenagers and will continue to update and improve our product.'
The social media company does not allow children under 13 to register for its main service and restricts some content for all users under 18. However, Washington and several other states stated in their filings that children can easily bypass these restrictions, allowing them to access the service that adults use despite the company's claims that its platform is safe for children.
The District of Columbia alleges that TikTok operates as an 'unlicensed virtual economy' by allowing users to purchase TikTok Coins (a virtual currency within the platform) and send 'gifts' to broadcasters on TikTok LIVE, which can be cashed out for real money. TikTok takes a 50% commission on these financial transactions but has not registered as a money transmitter with the U.S. Department of the Treasury or district authorities, according to the complaint.
Authorities say teenagers are frequently exploited for sexually explicit content through TikTok's LIVE streaming feature, which has allowed the app to function essentially as a 'virtual strip club' without age restrictions. They argue that the company's share of the financial transactions enables it to benefit from exploitation.
The 14 attorneys general state that the goal of their lawsuits is to prevent TikTok from using these features, impose financial penalties for its alleged illegal practices, and seek damages for users who have been harmed.
Social media use among teenagers is nearly universal in the U.S. and many other parts of the world. Almost all teenagers aged 13 to 17 in the U.S. report using a social media platform, and about one-third say they use social media 'almost constantly,' according to the Pew Research Center.
High school students who frequently use social media commonly report persistent feelings of sadness or hopelessness, according to a new survey from the Centers for Disease Control and Prevention conducted last year involving around 20,000 teenagers.
When TikTok failed to provide the requested information last year, 46 states, including Minnesota, filed an amicus brief in support of Tennessee. The amicus brief filed on October 8 supports Tennessee's ongoing efforts to compel TikTok to comply.
Last week, Texas Attorney General Ken Paxton sued TikTok, alleging that the company was sharing and selling personal information of minors in violation of a new state law prohibiting such practices. TikTok, which disputes the allegations, is also fighting a similar federal lawsuit based on data filed in August by the Department of Justice.