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Utah sues TikTok, citing harm to children and violations of consumer protection laws

By Carlene Coombs - Daily Herald | Oct 10, 2023
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Utah Attorney General Sean Reyes listens as Gov. Spencer Cox speaks during a press conference following the announcement that Utah filed a lawsuit against TikTok at the Utah State Capitol in Salt Lake City on Tuesday, Oct. 10, 2023.
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Utah Attorney General Sean Reyes speaks during a press conference following the announcement that Utah filed a lawsuit against TikTok at the Utah State Capitol in Salt Lake City on Tuesday, Oct. 10, 2023.
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Utah Gov. Spencer Cox speaks during a press conference following the announcement that Utah filed a lawsuit against TikTok at the Utah State Capitol in Salt Lake City on Tuesday, Oct. 10, 2023.

Alongside Utah Attorney General Sean Reyes, Gov. Spencer Cox announced Tuesday that Utah has filed a lawsuit against the social media platform TikTok, citing harm to children and the company’s connection to the China-based company ByteDance.

The lawsuit alleges that TikTok has violated Utah consumer protection laws by marketing an addictive product to children, is deceptive in claiming the app is safe to use and that the company has misled Utahns about how involved ByteDance is in operations.

“Make no mistake that Utah will continue to lead out to protect children from the harms of social media,” Cox said during a press conference on Tuesday. “And this is not a partisan issue. From the president of the United States to members of Congress to the U.S. Surgeon General to experts across the country, more and more every day are recognizing the negative impact social media is having on our children.”

The 60-page complaint, with the Utah Division of Consumer Protection listed as the plaintiff, details concerns about the app’s algorithm keeping children on the platform consuming content and the company monetizing off of minors using its product.

The lawsuit points to TikTok promising the app is a safe space through implementing content moderation and community guidelines and alleges that the company has misled users and parents about the app’s safety.

TikTok is a “haven” for “disturbing and gruesome” videos, the lawsuit reads, saying the platform has allowed minors to access videos featuring mass shootings, suicide and eating disorders. Additionally, the lawsuit states the app has failed to protect children from online predators.

Utah has been investigating the popular video platform for over a year, Reyes said during the press conference, noting that the company has been slow to respond to subpoenas.

“Over the past year, our investigation has uncovered that Tiktok has knowingly enticed innocent and impressionable children into a vortex of catastrophic online dangers,” Reyes said. “It is an immediate and unrelenting threat we felt must be met with a swift and bold response.”

In addition to concerns regarding harm to Utah minors, the state’s lawsuit also addressed concerns over the company being owned by the China-based ByteDance.

The complaint alleges that TikTok downplays ByteDance’s involvement in the company to curb concerns about data privacy and the Chinese government’s access to data.

Earlier this year, the governor banned TikTok from state-owned devices, citing concerns over China’s potential access to data due to ByteDance being based in the country, according to The Salt Lake Tribune.

Recently, Cox and the Utah Legislature have focused on finding ways to mitigate the harm social media may cause youth.

During this year’s legislative session, lawmakers passed legislation to require minors to have parental permission to use social media apps, prevent companies from using “addictive” features and require apps to implement age verification. That law is set to go into effect next March.

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