Italian Lawsuit Accuses Meta and TikTok of Fueling Child Addiction, Echoing Big Tobacco Fight
A landmark class action lawsuit filed in Milan is challenging Meta and TikTok, alleging the social media giants knowingly exploit algorithms to create addictive experiences for minors. The legal action, brought by a coalition of associations and the law firm Ambrosio & Comodo, comes as a bill to ban social networks for children under 15 remains stalled in the Italian Senate, and as the European Union intensifies its scrutiny of platform practices.
The lawsuit centers on the claim that millions of children are suffering from addiction and related harms due to the design of these platforms. “Millions of kids suffer from addiction and the effects of algorithms, the government is inert while Big tech contests the competence of national magistrates,” explained Stefano Bertone, the lawyer leading the case, in a statement. Meta and TikTok are reportedly contesting the jurisdiction of Italian courts, arguing that regulatory oversight falls under European Union purview.
However, the EU is increasingly taking a firm stance against harmful practices on social media. On February 6, the European Commission formally accused TikTok of violating the Digital Services Act (DSA), alleging the platform underestimated the risks of addiction and its impact on user health. TikTok now faces a potential fine of up to 6 percent of its global turnover, and the concerns raised could extend to Facebook and Instagram as well.
A Battle Uphill: Legal Challenges and Parental Awareness
The Italian legal battle began with immediate hurdles. The initial hearing, scheduled for February 12th, was postponed three months due to technical difficulties with serving notifications abroad. Despite a lack of engagement from the Italian government – despite the Meloni administration’s rhetoric on family values – families and parents’ associations are pressing forward with the appeal.
“Aside from the very appreciable ban on smartphones at school, the executive is not protecting young people from dependence on social networks,” Bertone asserted, “so individuals and organizations from below will take care of it.” He emphasized that simply verifying age or limiting screen time is insufficient, highlighting a critical gap in parental awareness. “The big problem is the lack of information for parents. Too few are aware of the risks for minors,” he stated, drawing a parallel to the early days of the tobacco industry, when the dangers of smoking were largely unknown. “We can hide the pack of cigarettes, but the ambition…is to convince kids not to smoke: the same goes for social media and the only way is to inform them of the consequences.”
From Medical Devices to Social Media: A History of Collective Action
The firm Ambrosio & Comodo has a track record of success in collective legal action, notably securing a victory against Philips over faulty medical devices. This previous case, the first European injunction class action in the healthcare field, demonstrated the power of collective action against large corporations. “With collective actions, even individuals can obtain justice against large industries,” Bertone noted. While a claim for collective compensation against Philips was initially rejected due to the varied circumstances of individual plaintiffs, a ruling from the Court of Appeal is expected this summer, potentially opening the door to compensation claims for Meta and TikTok as well.
Bertone observed a common thread between the two cases: “Phillips asked to respect the program agreed with the Ministry of Health, the social platforms appeal to dialogue with the European Commission.” In both instances, the companies sought to diminish the authority of national courts. Executives from Meta and TikTok, during a January 14th hearing before the Italian Chamber of Deputies, argued that the DSA and local laws risked fragmenting the European market.
EU Crackdown: TikTok Under Investigation for Addictive Features
The European Commission’s investigation, launched February 19, 2024, revealed that TikTok allegedly failed to adequately assess the risks associated with features designed to maximize user engagement. These features include infinite scrolling, autoplay, push notifications, and highly personalized recommendation systems. The Commission found that TikTok “ignored important indicators of compulsive use of the app, such as the time minors spend on TikTok at night” and did not properly evaluate the potential harm to users’ physical and mental well-being.
According to legal expert Guido Scorza, the concerns raised about TikTok are broadly applicable to its competitors. “The impression…is that in the dock, at least on a principled level, there is not only TikTok but a whole system.” This suggests a systemic issue within the social media industry, where user retention is prioritized over user welfare.
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