Social media platform TikTok is being accused of not taking enough measures to ensure the safety of child users, among other allegations made by the state of Utah in a newly filed lawsuit. Utah is the latest state to take legal action against the popular app, following similar action from Arkansas and Indiana earlier this year.
The lawsuit against the app’s parent company, Byte Dance, was filed in state court and announced by Governor Spencer Cox during a news conference. Governor Cox detailed the allegations made against TikTok, including claims that the app lures children into hours of use, is not as safe as the app says it is for young users, and is more intertwined with the Chinese government than the app's parent company says it is.
“We will not stand by while these companies fail to take adequate, meaningful action to protect our children. We will prevail in holding social media companies accountable by any means necessary,” Governor Cox explained during the press conference.
The state brings its claims under the Utah Consumer Sales Practices Act. Under the Act, consumers are protected in several ways including from “suppliers who commit deceptive and unconscionable sales practices,” something Utah says TikTok is engaging in because of what has been described as a highly addictive algorithm.
The lawsuit’s claims of the safety hazards young children face while on the app are supported by a range of public health concerns identified by state and national leaders. Specifically, the lawsuit highlights the growing rate of depression and other mental health issues among Utah middle and high schoolers, which correlates with the app's popularity in the state over the past couple of years. As more young users downloaded and spent time on the app, more reports of children struggling with their mental health were documented.
The complaint highlights that “27.6% of Utahns are 18 or younger” and that depression and mental health illness in middle high school students are at an estimated 76.6%.
The lawsuit also highlights research that shows children who spend excessive amounts (three hours or more a day) on social media face a greater risk of poor mental health, including anxiety and depression. Rates of these mental health issues are nearly double in children who are on social media for extended periods of time as compared to children who are not.
The lawsuit explains that TikTok’s individually curated algorithm is what hooks young users in and keeps them scrolling for hours. Utah Attorney General Sean Reyes highlights this claim during the press conference explaining, “TikTok designed and employs algorithm features that spoon-feed kids endless, highly curated content from which our children struggle to disengage. TikTok designed these features to mimic a cruel slot machine that hooks kids’ attention and does not let them go.”
Arkansas and Indiana also touched on the claims of a highly curated algorithm when they took legal action against the app’s parent company. New York took similar claims much further by restricting how young users can interact with the app. Recently passed legislation in the Empire State now allows young users to opt out of these algorithms in an effort to restrict a young user’s access to these highly curated feeds.
TikTok spokesperson Alex Haurek defended the app against the claims, explaining, “TikTok has industry-leading safeguards for young people, including an automatic 60-minute time limit for users under 18 and parental controls for teen accounts. We will continue to work to keep our community safe by tackling industry-wide challenges.”
Despite the app’s defensive stance, Governor Cox maintains, “We will no longer tolerate TikTok misleading parents that its app is safe for children,” adding, “Social media companies must be held responsible for the harm they are causing. The experts — from the U.S. Surgeon General and behavioral science researchers to parents and teens — all agree that social media is affecting our children’s mental health and it’s time to intervene.”
The state is seeking to restrict what it has called TikTok’s “destructive behavior.” The lawsuit is also seeking to levy fines and other penalties against Byte Dance in order to fund educational efforts and other initiatives designed to help children throughout the state.
