Published: October 25, 2024

Will this state lawsuit against TikTok for harmful content succeed?

By Movieguide® Contributor

Nebraska sued TikTok, claiming the platform harms children, but the social media giant is fighting back.

Nebraska says the lawsuit will hold TikTok “responsible for the harm they have inflicted on Nebraskans, most notably vulnerable minors, by improperly marketing and promoting their addictive and otherwise harmful product, TikTok, in this state.”

These harms include “depression, anxiety, eating disorders and suicide,” all of which have reached “record levels” across the United States.

But TikTok claims “it is not accountable to the state for statements it made to its young users,” according to the report Court House News.

“What the state is doing is pointing to examples of inappropriate content on the platform, third-party content on the platform, that it says disprove the claims,” said Blaine Evanson of California’s Gibson Dunn, arguing for TikTok. “What’s mild for a suburban parent of toddlers is a very different thing than what’s mild for a college student.”

“The state challenges statements that TikTok primarily made on static web pages that did not mention Nebraska, were not made from Nebraska, and were not directed at or specifically directed at Nebraska,” Evanson added. “And the only connection the state identifies between those statements and the state is that individuals in the state allegedly saw those statements.”

TikTok argues that statements about “content moderation and the app’s suitability for teens and families were not specifically directed at Nebraskans, therefore the state lacks personal jurisdiction, which requires an entity to do business or have contacts in an area covered by the court.”

This is not the first time TikTok has been targeted for its harmful effects on children and teenagers.

READ MORE: HOW TIKTOK’S ALGORITHMS SHOW USERS POTENTIALLY HARMFUL CONTENT

“TikTok tells parents that its platform is safe for children, but our investigation reveals that nothing could be further from the truth,” Nebraska Attorney General Mike Hilgers said in a statement. “Within minutes of signing up, TikTok’s algorithm has shown children inappropriate content, ranging from videos that encourage suicidal thoughts and fuel depression, promote body image issues and encourage eating disorders to those that encourage drug use and sexual content that is highly inappropriate for young children .

“Parents deserve to be fully and truthfully informed so they can help their children make positive, healthy choices. Our office will not stand by while social media platforms mislead parents while dosing our children with digital poison,” he added.