A Texas Judge Finds TikTok (164news.com on tiktok) Liable for Misleading Parents About Child Safety
A Texas judge ruled on Thursday that TikTok broke state law by assuring parents its app was safe for children while being aware of its actual risks. The court reached this decision without a jury, making Texas the first state to hold the company accountable. Only the penalty remains to be determined.
The Ruling Details
- Misleading Safety Standards: TikTok was found to have intentionally misled the public about its safety standards regarding content accessible to children.
- Restricted Mode Flaws: The state presented evidence that, despite promoting Restricted Mode as a safeguard, children could still access inappropriate material with this setting enabled.
- Internal Content Sorting: TikTok’s internal practices were questioned, revealing that some content violating community guidelines was labeled as "hard to find" instead of outright banned, leaving it accessible on the platform.
Attorney General’s Statement
Attorney General Ken Paxton accused TikTok of prioritizing "engagement and numbers" over the safety and innocence of children. He argued that TikTok’s actions violated both the SCOPE Act (Texas law on children and online platforms) and the state’s general consumer protection statute.
Unique Outcome
This case differs from previous child safety litigation in its outcome:
- Liability Established: Unlike settlements without admission of guilt, this ruling directly pinpoints TikTok’s liability.
- Trial Focus: The upcoming trial will not determine if TikTok deceived anyone but rather what it owes for doing so, including civil penalties, statutory damages, and a permanent injunction.
TikTok’s Response
TikTok has refused to accept the ruling, contending that:
- The SCOPE Act is unconstitutional.
- Federal children’s privacy rules take precedence over state laws.
An appeal is anticipated.
Texas’ Leading Role
Texas has emerged as a prominent state in this domain, with the same office also suing Netflix for alleged surveillance and addictive design, securing over $1 billion from Meta in a separate settlement. Florida and California have joined the efforts with their own actions against TikTok and bans on personalized feeds for minors.
Broader Impact
The ruling occurs while similar arguments are being tested in juries nationwide:
- Meta’s Consumer Protection Case: The company faces a $193 billion claim, with opening statements underway.
- Proof for State Liability: Texas demonstrated that a state can reach the liability question without a jury if evidence is compelling enough.