West Virginia sues TikTok, citing safety concerns for children

West Virginia is suing TikTok, accusing the social media company of deliberately designing its platform to keep children hooked while misleading parents about the risks, including exposure to sexual content, dangerous viral challenges, and material promoting self-harm.The lawsuit, filed in Kanawha County Circuit Court, alleged TikTok’s recommendation algorithm and other features encourage compulsive use among young people, interfering with their sleep, schoolwork, physical activity, and relationships. The state is seeking civil penalties, restitution, and court-ordered changes to the platform’s child safety protections.TikTok has downplayed the prevalence of eating-disorder, self-harm, and suicide-related content, minimized risks associated with bullying and sexual exploitation, and continued to market the platform as safe for children as young as 13, according to the state. “These platforms are not passive communication tools,” the lawsuit said. “They are deliberately designed to capture child users’ attention, encourage habitual use, and keep them scrolling for as long as possible, exposing children and teens to serious risks to their mental and physical wellbeing.”The complaint also pointed to incidents in West Virginia communities that it attributed to viral TikTok challenges. Students across three counties allegedly stole or damaged school property while participating in one challenge, while students in McDowell County attempted to damage school-issued computers after viewing videos related to another.Vehicle break-ins and a vehicle theft have allegedly been associated with TikTok challenges, as well as a hoax involving computer-generated images of costumed figures appearing to lurk outside homes and schools, according to the lawsuit. School officials in one West Virginia county warned parents about the trend, according to the complaint.The state further alleged that sexual content available to teenagers contradicts TikTok’s public assurances about its safeguards. In a December 2022 announcement, the company said its policies excluded even borderline or suggestive material from recommendations to teen accounts.West Virginia is asking the court to find that TikTok violated the state’s Consumer Credit and Protection Act through unfair or deceptive business practices. It seeks civil penalties of up to $5,000 per violation, restitution of profits, as well as an injunction barring deceptive safety claims.The state also wants the court to require effective age verification, stronger parental controls and usage restrictions, and measures to detect child predators.ALABAMA WINS $100 MILLION AND CONCESSIONS IN TIKTOK DEAL CONCERNING CHILD SAFETYThe lawsuit is part of a broader legal fight between states and TikTok over the app’s effects on children. More than a dozen states, along with Washington, D.C., have filed separate lawsuits alleging the company misled the public about the platform’s safety and used features designed to encourage excessive use earlier this month.In September, Alabama reached a settlement with the company, securing a minimum $100 million payment and concessions on child safety, including a two-hour daily time limit and parental controls.