FTC Refers TikTok Complaint to U.S. Department of Justice

FTC Refers TikTok Complaint to U.S. Department of Justice

By
Sofia Rodriguez
2 min read

US DOJ to Investigate TikTok Over Potential Violations

The Federal Trade Commission (FTC) has referred its complaint against TikTok and its Chinese parent company, ByteDance, to the U.S. Department of Justice. The move comes as a follow-up to a 2019 settlement with Musical.ly, TikTok's predecessor, over violations of the Children's Online Privacy Protection Act (COPPA). The FTC's investigation aimed to determine if TikTok breached federal laws against "unfair and deceptive" business practices.

The transfer of the case to the DOJ was prompted by the FTC's discovery of evidence suggesting potential violations of the law by the defendants. This step, typically not publicly disclosed by the FTC, was deemed necessary in the public interest. During a Senate hearing in January, TikTok CEO Shou Zi Chew revealed that the company employs about 40,000 people in trust and safety operations but admitted not knowing the number of minor users on the platform.

Key Takeaways

  • FTC refers TikTok case to U.S. DOJ over potential violations of "unfair and deceptive" business practices.
  • Investigation stems from concerns over TikTok's compliance with the Children's Online Privacy Protection Act.
  • TikTok disputes FTC allegations, emphasizing its commitment to child safety and existing safeguards.
  • TikTok CEO acknowledges 40,000 employees in trust and safety but lacks data on minor users.
  • TikTok challenges U.S. legislation requiring divestiture, citing infringement on the First Amendment and feasibility of compliance.

Analysis

The FTC's referral of TikTok to the DOJ underlines ongoing concerns over data privacy and COPPA compliance, potentially increasing scrutiny on tech companies with large minor user bases. Short-term impacts include potential fines and reputational damage, influencing investor confidence and user trust. Long-term implications could involve stricter data protection laws and operational changes for social media platforms. The legislation mandating divestiture further complicates TikTok's operations and may lead to significant restructuring or market exit, affecting both employment and user engagement.

Did You Know?

  • Children's Online Privacy Protection Act (COPPA): A U.S. law designed to protect the privacy of children under 13 by requiring websites and online services to obtain parental consent before collecting, using, or disclosing personal information from children.
  • Federal Trade Commission (FTC): A U.S. government agency whose primary mission is to protect consumers and promote competition. The FTC enforces a variety of consumer protection and antitrust laws, ensuring that the nation's markets function competitively.
  • First Amendment: A crucial part of the U.S. Constitution guaranteeing freedoms of speech, press, religion, and assembly. TikTok's lawsuit argues that requiring divestiture infringes on the company's and its users' freedom of speech.

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