Multiple States Sue TikTok, Alleging Harm to Children's Mental Health

On Tuesday, a coalition of more than a dozen states and the District of Columbia filed lawsuits against the video-sharing app TikTok, accusing it of deliberately designing its platform to make children addicted, thereby posing a threat to their mental health.

These lawsuits are the result of a nationwide investigation initiated in March 2022 by a bipartisan group of state attorneys general, including California, Kentucky, and New Jersey. All complaints have been submitted to state courts.

TikTok's Algorithm and Design Features Under Scrutiny

The core of the lawsuits lies in TikTok's algorithm, which curates content for users' "For You" pages based on their interests. The legal action also focuses on specific design features alleged to cause addiction among children, such as infinite scrolling, push notifications with sound effects, and facial filters that create unrealistic standards of appearance.

In the documents, the District of Columbia describes the algorithm as "dopamine-inducing" and claims that it was deliberately designed to be addictive, keeping young users engaged for long periods despite the company's awareness of potential psychological and physiological harm, including anxiety, depression, and body image disorders.

Other Business Practices of TikTok Called into Question

TikTok has restrictions on access for users under 13 and limits certain content for those under 18. However, several states, including Washington, argue that children can easily bypass these restrictions despite TikTok's claims of being safe for younger users.

Furthermore, the lawsuits also criticize other business practices of TikTok. The District of Columbia alleges that TikTok operates an "unauthorized virtual economy" through its TikTok LIVE feature, where TikTok coins and gifts are sold, with the company taking a 50% commission. The complaints claim that TikTok is not registered as a money transmitter with the U.S. Treasury or local authorities.

Officials also claim that TikTok's LIVE feature is often used for the exploitation of teenage pornographic content, effectively becoming a "virtual strip club" with no age restrictions. They argue that the company profits from these financial transactions, exacerbating the exploitation of minors.

In recent years, multiple states have filed lawsuits against TikTok and other tech companies, reflecting an increasingly strict scrutiny of social media platforms and their impact on young people. Some of these challenges are similar to previous state actions against the tobacco and pharmaceutical industries.

Last week, Texas Attorney General Ken Paxton sued TikTok for allegedly violating a new state law by sharing and selling personal information of minors. TikTok disputes these allegations and is also fighting similar federal lawsuits filed in August by the Justice Department.

Several Republican-led states, including Nebraska, Kansas, New Hampshire, Iowa, and Arkansas, have previously sued TikTok for allegedly harming children's mental health, exposing them to inappropriate content, or allowing sexual exploitation on its platform. Arkansas has also filed similar legal challenges against YouTube and Meta Platforms (which owns Facebook and Instagram). New York City and some public school districts have also filed their own lawsuits.

TikTok faces other challenges at the national level. A federal law enacted earlier this year could require TikTok to spin off its U.S. operations by mid-January or face a ban. TikTok and its parent company ByteDance are challenging this law in a Washington appeals court, with a ruling expected in the coming months that could be appealed to the U.S. Supreme Court.

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