From India to the U.S.: The Global Reckoning with TikTok

On October 8, 2024,, more than a dozen states and the District of Columbia announced a series of lawsuits against TikTok, alleging that the popular short-form video app is designed to be addictive to children, leading to significant mental health challenges. These lawsuits mark a critical moment in the ongoing debate about social media's impact on young users and reflect a growing bipartisan concern among lawmakers regarding the responsibilities of tech companies.

Background of the Lawsuits

The legal actions stem from a national investigation initiated in March 2022 by a coalition of attorneys general from various states, including New York, California, Kentucky, and New Jersey. The lawsuits were filed in state courts and assert that TikTok’s design features contribute to addiction among younger users, impacting their mental health and overall well-being.

At the heart of these lawsuits is TikTok's algorithm, which curates the app's "For You" feed, delivering a stream of tailored content that keeps users engaged. The attorneys general argue that features such as endless scrolling, push notifications, and face filters contribute to an environment that is not only addictive but also detrimental to young users' mental health.

Key Allegations Against TikTok

• Addictive Design Features: The lawsuits emphasize that TikTok's design intentionally fosters addiction, with mechanisms that keep users, especially children, engaged for extended periods. These features include:
• Endless Scrolling: Users can scroll through an infinite stream of videos, making it easy to lose track of time.
• Push Notifications: Notifications create a sense of urgency and engagement, prompting users to check the app frequently.
• Face Filters: Filters that promote unrealistic beauty standards can lead to body image issues and contribute to mental health problems like anxiety and depression.

California Attorney General Rob Bonta highlighted this issue during a press conference, stating, "They've chosen profit over the health and safety, well-being, and future of our children. And that is not something we can accept. So we've sued."

1. Impact on Mental Health: The District of Columbia's lawsuit describes TikTok's algorithm as “dopamine-inducing,” engineered to keep young users engaged excessively. This behavior is linked to various psychological issues, including anxiety, depression, and body dysmorphia. Recent surveys from the Centers for Disease Control and Prevention have shown that high school students who frequently use social media report higher levels of sadness and hopelessness.
2. Unregulated Financial Transactions: Another significant allegation involves TikTok operating as an "unlicensed virtual economy." The app allows users to purchase TikTok Coins and send "Gifts" to streamers, which can then be cashed out for real money. The District of Columbia claims that TikTok has not registered as a money transmitter with the U.S. Treasury, raising concerns about financial exploitation, especially of minors.
3. Exploitation of Minors: The lawsuits allege that TikTok has allowed minors to be exploited for sexually explicit content, functioning as a "virtual strip club" without age restrictions. This aspect of the allegations underscores the urgent need for stricter regulations to protect young users from potential harm.

Broader Implications of the Lawsuits

These lawsuits against TikTok are part of a larger reckoning with social media companies regarding their impact on children and adolescents. This trend has parallels to past legal actions against the tobacco and pharmaceutical industries, where states coordinated their efforts to address public health concerns.

District of Columbia Attorney General Brian Schwalb noted the financial motivations behind TikTok's design, stating, "Keeping people on the platform is how they generate massive ad revenue. But unfortunately, that's also how they generate adverse mental health impacts on the users."

The latest legal challenges coincide with a broader movement to hold social media companies accountable for the effects their platforms have on young people's lives. In recent months, multiple states have also taken action against Meta Platforms Inc., the parent company of Instagram, for allegedly harming young users by knowingly designing addictive features.

TikTok's Response

In response to the lawsuits, TikTok expressed disappointment, stating that the company had been collaborating with attorneys general for two years to address their concerns. A spokesperson for TikTok, Alex Haurek, asserted, "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 emphasizes that it does not allow children under 13 to sign up for its main service and restricts certain content for users under 18. However, the states argue that these restrictions are easily bypassed, allowing young children access to content that could be harmful.

The Federal Landscape

While the lawsuits unfold at the state level, TikTok faces additional challenges at the federal level. A new federal law, which took effect earlier this year, could lead to TikTok being banned in the U.S. by mid-January if its China-based parent company, ByteDance, does not sell the platform. TikTok and ByteDance are currently challenging this law in an appeals court in Washington.

The implications of these legal battles could be significant, not only for TikTok but also for the broader social media landscape in the U.S. If TikTok is forced to shut down or significantly alter its operations, it may set a precedent for how other social media platforms operate, especially concerning user safety and data privacy.

The Role of State Attorneys General

In addition to the lawsuits, 22 other states, including Alabama, Colorado, Florida, and Michigan, filed an amicus brief urging a Tennessee court to compel TikTok to produce documents related to an ongoing multistate investigation. This coordinated effort highlights the increasing collaboration among states in addressing concerns related to social media platforms.

Last week, Texas Attorney General Ken Paxton also filed a lawsuit against TikTok, accusing the company of sharing and selling minors' personal information, in violation of state law. TikTok disputes these allegations and is also contending with a similar federal lawsuit filed by the Department of Justice.

Several Republican-led states, including Nebraska, Kansas, and Arkansas, have previously taken legal action against TikTok, alleging various violations related to mental health, inappropriate content, and the exploitation of young users.

The Bigger Picture: Youth Mental Health Crisis

The ongoing debates surrounding TikTok are set against the backdrop of a broader mental health crisis affecting young people in the U.S. According to the Pew Research Center, nearly all teenagers aged 13 to 17 in the U.S. use social media, with about a third stating they use these platforms “almost constantly.” This pervasive use raises important questions about the potential consequences of extended engagement with social media, particularly regarding mental health.

Recent surveys have shown alarming trends in the mental health of teenagers. The CDC’s data indicates that high school students who frequently use social media report higher rates of persistent feelings of sadness or hopelessness. This statistic underscores the urgent need for action to address the mental health impacts associated with social media use.

India’s Perspective on Social Media Regulation and App Bans

While the situation in the U.S. unfolds, India has already taken significant steps regarding TikTok and other social media apps. In June 2020, the Indian government banned TikTok and 58 other Chinese apps, citing national security concerns and data privacy issues. This decision was framed around protecting user data and safeguarding the country's sovereignty amid rising tensions between India and China.

Reasons for the Ban

1. National Security Concerns: The Indian government expressed fears that data collected by these apps could be misused by foreign governments. Given TikTok's Chinese ownership, the concerns were particularly pronounced regarding data security and user privacy.
2. User Data Protection: The ban aimed to prevent the potential exploitation of user data. The Indian government stated that it needed to ensure the safety of its citizens' data from unauthorized access and misuse.
3. Cybersecurity Issues: Reports of vulnerabilities within these apps led to concerns about cybersecurity. The Indian government aimed to prevent any potential cyber threats that could arise from these platforms.
4. Promoting Local Alternatives: The ban on TikTok opened the door for Indian app developers to create homegrown alternatives. This move was part of a broader push to encourage the use of domestic applications and reduce reliance on foreign technology.

List of Banned Apps

The following is a list of notable apps banned in India in 2020 due to security concerns:

• TikTok
• WeChat
• UC Browser
• ShareIt
• CamScanner
• Xender
• Clash of Kings
• Bigo Live
• Helo
• VivaVideo
• Likee
• Vmate
• QQ Music
• BeautyPlus
• Zoom (limited features)

Impact of the Ban

The ban on TikTok had a profound impact on its user base in India, where it had gained immense popularity. It led to a significant loss of income for many content creators who relied on the platform for their livelihood. While the Indian government aimed to protect its citizens, many users expressed disappointment over losing a platform where they had built substantial followings.

The Global Conversation on Social Media Regulation

The cases against TikTok in the U.S. and India's previous ban highlight a growing global conversation regarding social media regulation. Concerns about mental health, data privacy, and national security are driving policymakers to consider stricter regulations on how social media companies operate.

As countries worldwide grapple with the implications of social media, the a need for a unified approach to user safety.