The US Federal Trade Commission (FTC) has referred a complaint against TikTok and its parent company, ByteDance, to the Justice Department over potential violations of children’s privacy. The move follows an investigation that suggested the companies might be breaking the law and deemed it in the public interest to proceed with the complaint. The following investigation stems from allegations that TikTok failed to comply with a 2019 agreement to safeguard children’s privacy.
TikTok has been discussing with the FTC for over a year to address the agency’s concerns. The company expressed disappointment over the FTC’s decision to pursue litigation rather than continue negotiations, arguing that many of the FTC’s allegations are outdated or incorrect. TikTok remains committed to resolving the issues and believes it has already addressed many concerns.
Separately, TikTok is facing scrutiny from US Congress regarding the potential misuse of data from its 170 million US users by the Chinese government, a claim TikTok denies. Additionally, TikTok is preparing to file a legal brief challenging a recent law that mandates its parent company, ByteDance, to divest TikTok’s US assets by 19 January or face a ban.
US Surgeon General Vivek Murthy has called for a warning label on social media apps to highlight the harm these platforms can cause young people, particularly adolescents. In a New York Times op-ed, Murthy emphasised that while a warning label alone won’t make social media safe, it can raise awareness and influence behaviour, similar to tobacco warning labels. The proposal requires legislative approval from Congress. Social media platforms like Facebook, Instagram, TikTok, and Snapchat have faced longstanding criticism for their negative impact on youth, including shortened attention spans, negative body image, and vulnerability to online predators and bullies.
Murthy’s proposal comes amid increasing efforts by youth advocates and lawmakers to protect children from social media’s harmful effects. US senators grilled CEOs of major social media companies, accusing them of failing to protect young users from dangers such as sexual predators. States are also taking action; New York recently passed legislation requiring parental consent for users under 18 to access ‘addictive’ algorithmic content, and Florida has banned children under 14 from social media platforms while requiring parental consent for 14- and 15-year-olds.
Despite these growing concerns and legislative efforts, major social media companies have not publicly responded to Murthy’s call for warning labels. The push for such labels is part of broader initiatives to mitigate the mental health risks associated with social media use among adolescents, aiming to reduce issues like anxiety and depression linked to these platforms.
New York state lawmakers have passed new legislation to restrict social media platforms from showing ‘addictive’ algorithmic content to users under 18 without parental consent. The measure to implement aims to mitigate online risks to children, making New York the latest state to take such action. A companion bill was also passed, which limits online sites from collecting and selling the personal data of minors.
Governor Kathy Hochul is expected to sign both bills into law, calling them a significant step toward addressing the youth mental health crisis and ensuring a safer digital environment. The legislation could impact revenues for social media companies like Meta, which generated significant income from advertising to minors.
While industry associations have criticised the bills as unconstitutional and an assault on free speech, proponents argue that the measures are necessary to protect adolescents from mental health issues linked to excessive social media use. The SAFE (Stop Addictive Feeds Exploitation) for Kids Act will require parental consent for minors to view algorithm-driven content instead of providing a chronological feed of followed accounts and popular content.
The New York Child Data Protection Act, the companion bill, will bar online sites from collecting, using, or selling the personal data of minors without informed consent. Violations could result in significant penalties, adding a layer of protection for young internet users.
The first complaint alleges that Microsoft’s contracts with schools attempt to shift responsibility for GDPR compliance onto them despite schools lacking the capacity to monitor or enforce Microsoft’s data practices. That could result in children’s data being processed in ways that do not comply with GDPR. The second complaint highlights the use of tracking cookies within Microsoft 365 Education software, which reportedly collects user browsing data and analyses user behaviour, potentially for advertising purposes.
NOYB claims that such tracking practices occur without users’ consent or the schools’ knowledge, and there appears to be no legal justification for it under GDPR. They request that the Austrian Data Protection Authority investigate the complaints and determine the extent of data processing by Microsoft 365 Education. The group has also urged the authority to impose fines if GDPR violations are confirmed.
Microsoft has not yet responded to the complaints. Still, the company has stated that its 365 for Education complies with GDPR and other applicable privacy laws and that it thoroughly protects the privacy of its young users.
New York lawmakers are preparing to ban social media companies from using algorithms to control content seen by youth without parental consent. The legal initiative, expected to be voted on this week, aims to protect minors from automated feeds and notifications during overnight hours unless parents approve. The move comes as social media platforms face increasing scrutiny for their addictive nature and impact on young people’s mental health.
Earlier this year, New York City Mayor Eric Adams announced a lawsuit against major social media companies, including Facebook and Instagram, for allegedly contributing to a mental health crisis among youth. Similar actions have been taken by other states, with Florida recently passing a law requiring parental consent for minors aged 14 and 15 to use social media and banning those under 14 from accessing these platforms.
Why does it matter?
The trend started with Utah, which became the first state to regulate children’s social media access last year. States like Arkansas, Louisiana, Ohio, and Texas have since followed suit. The heightened regulation is affecting social media companies, with shares of Meta and Snap seeing a slight decline in extended trading.
A Wisconsin man, Steven Anderegg, has been charged by the FBI for creating over 10,000 sexually explicit and abusive images of children using AI. The 42-year-old allegedly used the popular AI tool Stable Diffusion to generate around 13,000 hyper-realistic images depicting prepubescent children in disturbing and explicit scenarios. Authorities discovered these images on his laptop following a tip-off from the National Center for Missing & Exploited Children (NCMEC), which had flagged his Instagram activity.
Anderegg’s charges include creating, distributing, and possessing child sexual abuse material (CSAM), as well as sending explicit content to a minor. If convicted, he faces up to 70 years in prison. The following case marks one of the first instances where the FBI has charged someone for generating AI-created child abuse material. The rise in such cases has prompted significant concern among child safety advocates and AI researchers, who warn of the increasing potential for AI to facilitate the creation of harmful content.
Reports of online child abuse have surged, partly due to the proliferation of AI-generated material. In 2023, the NCMEC noted a 12% increase in flagged incidents, straining their resources. The Department of Justice has reaffirmed its commitment to prosecuting those who exploit AI to create CSAM, emphasising that AI-generated explicit content is equally punishable under the law.
Stable Diffusion, an open-source AI model, has been identified as a tool used to generate such material. Stability AI, the company behind its development, has stated that the model used by Anderegg was an earlier version created by another startup, RunwayML. Stability AI asserts that it has since implemented stronger safeguards to prevent misuse and prohibits creating illegal content with its tools.
AI-generated images of young girls, some as young as five, are spreading on TikTok and Instagram, drawing inappropriate comments from a troubling audience consisting mostly of older men, Forbes uncovers. These images depict children in provocative outfits, sparking serious concerns, and while the images are not illegal, they are highly sexualised, prompting child safety experts to warn about their potential to lead to more severe exploitation.
It is no wonder they are causing a sense of imminent danger, with platforms like TikTok and Instagram, popular with minors, struggling to address this issue. One popular account, “Woman With Chopsticks,” had 80,000 followers and viral posts viewed nearly half a million times across both platforms. A recent study by Stanford revealed that the AI tool Stable Diffusion 1.5 was developed using child sexual abuse material (CSAM) involving real children collected from various online sources.
Under federal law, tech companies must report suspected CSAM and exploitation to the National Center for Missing and Exploited Children (NCMEC), which then informs law enforcement. However, they are optional to remove the type of images discussed here. Nonetheless, NCMEC believes that social media companies should remove these images, even if they exist in a legal grey area.
TikTok and Instagram assert that they have strict policies against AI-generated content involving minors to protect young people. TikTok bans content showing anyone under 18, while Meta removes material that sexualises or exploits children, whether real or AI-generated. Both platforms removed accounts and posts identified by Forbes. However, despite strict policies, the ease of creating and sharing AI-generated images will certainly remain a significant challenge for safeguarding children online.
Why does it matter?
The Forbes story reveals that such content, which has increasingly become easy to find due to powerful algorithm recommendations, worsens online child exploitation, acting as gateways to severe material exchange and facilitating offender networking. A 13 January TikTok slideshow of young girls in pyjamas found by the investigation showed users moving to private messages. The Canadian Centre for Child Protection stressed that companies need to look beyond automated moderation to address how these images are shared and followed.
The EU regulators announced on Thursday that Meta Platforms’ social media platforms, Facebook and Instagram, will undergo investigation for potential violations of the EU online content rules about child safety, potentially resulting in significant fines. The scrutiny follows the EU’s implementation of the Digital Services Act (DSA) last year, which places greater responsibility on tech companies to address illegal and harmful content on their platforms.
The European Commission has expressed concerns that Facebook and Instagram have not adequately addressed risks to children, prompting an in-depth investigation. Issues highlighted include the potential for the platforms’ systems and algorithms to promote behavioural addictions among children and facilitate access to inappropriate content, leading to what the Commission refers to as ‘rabbit-hole effects’. Additionally, concerns have been raised regarding Meta’s age assurance and verification methods.
Why does it matter?
Meta, formerly known as Facebook, is already under the EU scrutiny over election disinformation, particularly concerning the upcoming European Parliament elections. Violations of the DSA can result in fines of up to 6% of a company’s annual global turnover, indicating the seriousness with which the EU regulators are approaching these issues. Meta’s response to the investigation and any subsequent actions will be closely monitored as the EU seeks to enforce stricter regulations on tech giants to protect online users, especially children, from harm.
Social media platforms such as Facebook, Instagram, and TikTok face proposed measures in the UK to modify their algorithms and better safeguard children from harmful content. These measures, outlined by regulator Ofcom, are part of the broader Online Safety Act and include implementing robust age checks to shield children from harmful material related to sensitive topics like suicide, self-harm, and pornography.
Ofcom’s Chief Executive, Melanie Dawes, has underscored the situation’s urgency, emphasising the necessity of holding tech firms accountable for protecting children online. She asserts that platforms must reconfigure aggressive algorithms that push harmful content to children and incorporate age verification mechanisms.
The utilisation of complex algorithms by social media companies to curate content has raised serious concerns. These algorithms often amplify harmful material, potentially influencing children negatively. The proposed measures seek to address this issue by urging platforms to reevaluate their algorithmic systems to prioritize child safety by providing children with a safer online experience tailored to their age.
UK’s Technology Secretary, Michelle Donelan, called for social media platforms to engage with regulators and proactively implement these measures, cautioning against waiting for enforcement and potential fines. After a consultation, Ofcom plans to finalise its Children’s Safety Codes of Practice within a year, with anticipated enforcement actions, including penalties for non-compliance, once parliament approves.
New research from UNICEF Innocenti’s Global Office of Research and Foresight, as part of the Responsible Innovation in Technology for Children (RITEC) project, suggests that video games can significantly enhance the well-being of children if designed thoughtfully.
This international collaboration, co-founded by UNICEF and the LEGO Group and funded by the LEGO Foundation, highlights that well-designed digital games can promote children’s autonomy, competence, creativity, identity, emotion regulation, and relationship building.
The study, conducted in partnership with the University of Sheffield, New York University, City University New York and the Queensland University of Technology, found that digital games offer children valuable experiences such as a sense of control, mastery, achievement, and the ability to explore personal and social identities. However, the positive impact of games depends on their ability to cater to children’s unique needs and desires.
As digital games evolve, the research advocates for designs prioritising young players’ safety, creativity, and emotional development, potentially redefining gaming’s role in nurturing future generations.
Why does it matter?
Traditionally, video games have been viewed with scepticism, often considered detrimental to the psychological and emotional development of children, especially because of their often addictive features. However, this new study suggests a nuanced perspective, prompting a reevaluation of how games are crafted and integrated into children’s lives rather than attempting to eliminate video games from children’s lives—a challenging and potentially counterproductive approach.
