Hawaii sues TikTok parent company ByteDance, claims app harms children
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The state of Hawaii filed a lawsuit Wednesday against ByteDance Inc., alleging the TikTok parent company built the platform to be dangerously addictive for young users and misled the public about the harms it poses.
A 106-page complaint, filed in Hawaii's First Circuit, claims TikTok’s business model is built on compulsive use, with programmers structuring the platform to keep its more than 150 million U.S. users engaged for as long as possible.
Hawaii Attorney General Anne Lopez said features like the "For You" feed, endless scroll, autoplay, push notifications and likes are built to maximize time on the app, and every additional minute on the platform generates more personal data and more advertising revenue for TikTok.
The features are also engineered to influence users’ neurobiology, especially dopamine production, in tactics similarly used in the gambling industry, according to the complaint.
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While the addictive techniques are harmful to all users, attorneys allege children are particularly vulnerable because of their limited ability to self-regulate screen time.
A substantial portion of TikTok’s user base is under 18, with internal records showing millions of users under the age of 13, according to the complaint.
The Hawaii lawsuit alleges TikTok is dangerously addictive for young users. (Credit: AaronP/Bauer-Griffin/GC Images / Getty Images)
TikTok has twice been sued by the U.S. government for violating the Children’s Online Privacy Protection Act (COPPA), but attorneys claim it has failed to warn children, parents or the public about the potential risks and continues to misrepresent the nature and safety of the app.
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The state is also alleging TikTok continues to maintain inadequate age verification and child protection systems, deliberately exploiting kids for economic gain.
"TikTok has long known about the mental health risks its platform poses, particularly on our children and young adults. At the heart of this lawsuit is a deep concern for the safety and well-being of our community. We must stand up for our families and ensure that the necessary reforms are put in place to protect our communities from exploitation," Lopez wrote in a statement.
Hawaii Gov. Josh Green added TikTok’s design creates an environment where "addiction and anxiety thrive."
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"As leaders, it’s our responsibility to protect our youth from platforms that prioritize profit over their health," Green wrote in a statement. "This lawsuit is a crucial step in holding TikTok accountable for the harm it’s causing and ensuring that our children can safely navigate the digital world."
The state's action seeks to stop TikTok from deploying harmful and deceptive practices, require meaningful safeguards for children and ensure TikTok accurately discloses the risks associated with its platform.
In a statement to FOX Business, TikTok said the lawsuit "is based on misleading and inaccurate claims that fail to recognize the robust safety measures TikTok has voluntarily implemented to support the well-being of our community."
"In the seven years since the app launched, we have invested billions of dollars in Trust & Safety, and rolled out 50+ preset safety, privacy, and security settings for teens, including private accounts, content restrictions, and screen time tools," a TikTok spokesperson wrote.
Law firms Starn OʻToole Marcus and Fisher and Keller Rohrback L.L.P have been appointed to serve as special deputy attorneys general in the case.