By James Kent
In a lawsuit filed Oct. 8 by Vermont Attorney General Charity Clark against TikTok, Inc., Vermont hopes to hold the popular social media platform accountable for what it deems addictive & exploitative features, such as its TikTok LIVE feature, which Vermont believes allows the company to profit from the financial and exploitation of children. This multi-state lawsuit, coordinated with 14 other attorneys general, also alleges that TikTok’s built-in platform features mimic slot machines to trap young users into a pattern of excessive use.
“The time has come to end this harmful practice and restore young people’s mental and physical health,” said Attorney General Clark. “I condemn TikTok for exploiting Vermont’s children. I will never stop fighting for our kids.”
In the complaint details, examples of the harms attributed to these social media platforms on Vermont youth included a 2021 survey conducted by the Vermont Department of Health showing nearly half (49%) of the state’s high school girls and over a third (35%) of Vermont high school students overall reported poor mental health, including persistent feelings of stress, anxiety, and depression as a result of screen usage. The complaint alleges that these health issues result from the excessive time kids spend on social media platforms like TikTok. On the average school day, 73% of Vermont’s high school students spend three or more hours in front of screens, including smartphones and social media platforms, according to the survey. Thirty percent of all high school students are spending nearly the equivalent of an entire school day (five or more hours) in front of screens on apps like TikTok.
Three main pillars of the lawsuit
Attorney General Clark’s lawsuit lays out three core accusations against TikTok for engaging in deceptive and unfair business practices in violation of Vermont’s consumer protection laws, including: of the lawsuit
Lying about the safety of its platform, downplaying the risks posed to young users
Deploying a highly addictive algorithm and predatory design features in order to leech time, attention, data, and money from young users without accurately informing them or their parents of the known dangers of their products
Operating an illegal money transmitter system through TikTok LIVE that allowed the company to profit from the financial and sexual exploitation of children.
Through this lawsuit, Vermont seeks to hold TikTok liable for its illegal business practices and to protect those children who use the platform. The complaint requests injunctive relief requiring substantive changes in how the company operates, as well as penalties and other monetary relief to address the harm that these practices have caused.
Will Vermont be successful in its efforts?
The Telecommunications Act of 1996, an amendment of the Communications Act of 1934, shelters online service providers from liability for user-generated content through Section 230. This provision continues to provide social media platforms with a wide range of protections, making it difficult to hold them accountable in a court of law. Can TikTok be legally held responsible for user-provided content on its platform? Vermont’s approach that TikTok violates the State’s consumer protection laws could serve to challenge Section 230. The result of this lawsuit may transform the way social media platforms operate in the future. It’s a case that those concerned about social media business practices harming children will be watching with open eyes.
