Report from Bloomberg
In Brief – A California judge has tentatively ruled that TikTok must face the state’s lawsuit alleging the platform’s design is addictive and harmful to children. Santa Clara County Superior Court Judge Beth McGowen rejected the company’s attempt to dismiss the case under Section 230 of the Communications Decency Act, which shields online platforms from liability for user-generated content. She said that California’s suit targets TikTok’s design, not its role as a publisher, and therefore is not barred by the federal law. Judge McGowen scheduled a hearing to allow TikTok to challenge the tentative ruling before it becomes final. California and more than a dozen other states sued TikTok in 2024. The complaint alleges the company violated state consumer protection laws by misleading users about child safety tools and incorporating addictive features such as auto-play, infinite scrolling and livestreams. The suit also argues that TikTok’s beauty filters harm children’s self-esteem.
Context – Social media critics have been pursuing civil litigation alleging that the platforms were intentionally developed to addict users, especially teens. The lawsuits focus on platform design features, product liability theories and consumer protection laws to circumvent Sec. 230. Along with the state AG suits, there are thousands of private plaintiffs, including individuals who claim to have suffered mental health injuries and school systems who claim they needed to spend millions dealing with addicted youths. Private lawsuits have largely been consolidated in the California state court of Judge Carolyn Kuhl or the federal district court of Judge Yvonne Gonzalez Rogers. In 2023, the two judges each ruled that Sec. 230 shielded the platforms from some but not all charges, allowing complaints related to platform features to proceed. In 2024, Judge Kuhl dismissed the school district lawsuits, ruling that their claims about student behavior were too remote to impose liability on the platforms. On the other hand, Gonzalez Rogers recently allowed a school district lawsuit to proceed. The first major trial in Kuhl’s court, involving an allegedly addicted young user, is underway.