States sue TikTok for harming kids' Mental Health

Several states and the District of Columbia have filed lawsuits against TikTok, accusing the popular video-sharing app of being deliberately addictive to children and harming their mental health. These legal actions come as part of a broader national investigation that was initiated in March 2022 by a bipartisan group of attorneys general from states such as New York, California, Kentucky, and New Jersey. All the complaints have been brought before state courts.

Central to the lawsuits is the algorithm TikTok uses, which curates content for users on the platform’s “For You” feed, tailored to individual preferences. The lawsuits argue that TikTok employs design features to keep children hooked on the app, including endless scrolling, attention-grabbing push notifications, and face filters that promote unrealistic beauty standards. California Attorney General Rob Bonta stated, “They’ve chosen profit over the health and safety, well-being and future of our children,” during a press briefing in San Francisco, emphasizing that such practices are unacceptable, leading to the lawsuit.

These lawsuits follow a similar legal battle involving Meta Platforms, the parent company of Instagram, in which dozens of states sued for allegedly harming young users' mental health by designing addictive features. Like Meta, TikTok is being accused of prioritizing ad revenue by keeping users, particularly children, glued to the platform. District of Columbia Attorney General Brian Schwalb pointed out that while the platform generates significant ad revenue, “unfortunately, that’s also how they generate adverse mental health impacts on the users.”

The growing legal pressure on social media companies, including YouTube, reflects a wider concern about their influence on the lives of young people. These legal efforts mirror earlier coordinated actions taken against industries like tobacco and pharmaceuticals. However, TikTok may face even greater challenges, as the app could be banned in the U.S. by mid-January 2024 under a new federal law unless its parent company, ByteDance, sells it. Both TikTok and ByteDance are currently appealing this law in Washington's courts, with a ruling expected soon, which could potentially be taken to the U.S. Supreme Court.

The District of Columbia's lawsuit highlights how TikTok’s algorithm is intentionally designed to trigger dopamine responses in users, making it highly addictive. The complaints argue that the app’s constant flow of content and interaction can lead to severe mental health issues in children, such as anxiety, depression, and body dysmorphia. Despite this, TikTok claims it has been cooperating with the attorneys general for two years and expressed disappointment over the lawsuits. Alex Haurek, a TikTok spokesperson, stated, “We strongly disagree 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.”

TikTok also asserts that it does not permit children under 13 to use its main service, and some content is restricted for users under 18. However, officials argue that children can easily bypass these restrictions, enabling them to access adult-oriented content despite the platform’s safety claims.

Another concern raised in the lawsuits is that TikTok operates a virtual economy, allowing users to buy “TikTok Coins” to send virtual “Gifts” to content creators, who can then convert them to real money. TikTok takes a 50% cut from these transactions, but according to the District of Columbia, the company has not registered as a money transmitter with the U.S. Treasury or the District. This virtual economy allegedly opens the door for the exploitation of teens, particularly through sexually explicit content shared on TikTok’s LIVE streaming feature. Authorities have labeled this as operating a “virtual strip club” without proper age verification, allowing TikTok to profit from such exploitation.

The 14 attorneys general involved in the lawsuits aim to stop TikTok’s use of these controversial features, impose financial penalties for their illegal practices, and seek compensation for affected users.

Social media use among teenagers is almost universal, with nearly all U.S. teens aged 13 to 17 using at least one platform. Around a third report using social media “almost constantly,” according to the Pew Research Center. A survey from the Centers for Disease Control and Prevention (CDC) found that teens who frequently engage with social media report higher rates of persistent feelings of sadness or hopelessness.

In a related development, 22 other states, including Alabama, Colorado, Florida, and Michigan, filed an amicus brief urging a Tennessee court to compel TikTok to release documents related to a multistate investigation. States, including Tennessee, accuse TikTok of withholding or destroying key evidence. Texas has also sued the company, alleging that it violates state laws by selling minors’ personal data, a claim that TikTok denies.

While some previous lawsuits brought by Republican-led states like Nebraska and Kansas have been unsuccessful, the ongoing legal battles highlight a continued push to hold TikTok accountable for its impact on children’s mental health and well-being.