WordswithAnna

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  • TikTok’s Violations in Digital Marketing: TikTok Vs. Children’s Privacy

    Anna Hoerner

    In the world of digital marketing and business, the widely known social media platform, TikTok, has raised serious concerns regarding its ethical behavior and focus. The Federal Trade Commission (FTC) filed a lawsuit in 2024 against this platform’s affiliate partner, ByteDance, involving a breach of privacy and data amongst children using the app. This was already after the complaint filed by the FTC (2024), just five years prior. This triggers alarms for the digital marketing world when questions of consent, privacy, and protection are asked, as humans continue to enter their way into the growing field of technology. According to the FTC article, TikTok and its affiliate companies were aware that children, who were under the required age of 13, were able to create accounts and interact on their sites, without any preventative action going forward. The article states that the Children’s Online Privacy Protection Act (COPPA) was in violation because of TikTok’s disregard for parental consent, a legal requirement that was enforced for children below the age of 13 on these sites. Not only was this a violation of this agreement, but it was also well-recognized and ignored amongst the site. This specific lawsuit, from the year 2024, is designed to recognize the abuse of data that the site utilized for further advertising and promotion tactics. Despite the platform’s agreements, children’s privacy concerns were flagged as TikTok disregarded their responsibilities in user agreements and information. The FTC article (2024) attacks three individual concerns head-on. Those being, TikTok’s continual violation of privacy laws, children being too vulnerable to protect themselves against exploitation, and TikTok’s more present concern of promoting their site over their responsibilities and loyalty to legal agreements.

    The ethical problem that is seen throughout this case is the overall exploitation and nonconsensual collection of these children’s data. Because TikTok and its parent company, ByteDance, were well aware of their misuse and breach of privacy laws, it proves the unethical behavior due to their violation of principles. Ultimately concluding that parents were not aware of how their children’s information is being used on the site. TikTok’s misuse and failure to regulate its user privacy laws creates a lack of transparency for parents and others to become aware of how individuals’ data is being used while accessing the site. This leads to the simple question: can TikTok be trusted to support and prevent the illegal and unauthorized collection of young children’s data and identity? Despite the ongoing concerns surrounding TikTok and privacy laws over the years, this problem is heightened with tension because it now lies amongst young children being exploited. Before the age of 13, FTC’s lawsuit concerns the idea that they’re not yet at the appropriate age to defend themselves through awareness and knowledge of TikTok’s agreements. Due to their young age, TikTok is expected to be able to uphold and respect the responsibilities of maintaining age restrictions and parental consent regulations, in order to keep loyalty to their agreements. Overall, this site’s use of data increases the concern around money-making and manipulation tactics being used in order to further advertise and promote their brand.

    Deepening this neglect in lawful agreement, according to the FTC.gov article, the complaint was first made aware in 2019, when they were first exploited for violating COPPA laws. FTC Chair Lina M. Khan says, “TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” and proceeds to state that, “The FTC will continue to use the full scope of its authorities to protect children online—especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.” This represents the Federal Trade Commission’s sincere attempt to prevent further violations and misuse of privacy laws by attacking this case with the standards it deserves. The article also states that ByteDance and its other companies were made completely aware of their role to comply with COPPA laws, as well as the breach in regulations that TikTok was a part of in 2019. The FTC (2024) also says, “instead of complying, ByteDance and TikTok spent years knowingly allowing millions of children under 13 on their platform designated for users 13 years and older in violation of COPPA” (2019 Consent Order, violating COPPA), reiterating the fact that they were not only well aware of this illegal movement, but also, emphasizing that millions of children were involved. This goes to highlight the fact that TikTok was already aware and under governmental watch for violations in their privacy agreements, but continued their misuse of data in young children for years following. 

    The major concern behind why kids under 13 years old are prohibited from entering these social sites, such as TikTok, without parental consent and control, dates back to the COPPA law passed in 1998 (Federal Trade Commission, 2024). This law protects the privacy of children under ages of 13, from having their data be misused at such a young age. According to the article, FTC Investigation Leads to Lawsuit Against TikTok and ByteDance for Flagrantly Violating Children’s Privacy Law, TikTok built “back doors” in its app that would allow children under the legal age to access its platform, without screening for age requirements prior. This created tension and a lack of trust amongst the platform and its intentions with data privacy and young viewers. The FTC complaint also states that, “TikTok also allegedly made it difficult for parents to request that their child’s accounts be deleted,” (Federal Trade Commission, 2024), which proves that TikTok did not reinstate and maintain good regulations over their privacy agreements. 

    Connecting to a data analysis and business perspective, TikTok’s breach of these regulations promoted concerns of prioritizing money-making and brand promotion tactics instead of respecting the privacy of young viewers. According to the complaint, TikTok would use a tactic called “retargeting less active users,” where they would share personal data with third-party sites, like Facebook and AppsFlyer, to promote continual usage of these sites. The Federal Trade Commission (2024) states that this wasn’t necessary data to be collected, ultimately questioning the ethical behavior behind these actions. 

    From a biblical worldview standpoint, the concerns raised in this article reflect the ultimate neglect of honesty, integrity, and protecting against the “vulnerable”. Proverbs 12:22 says, “Lying lips are an abomination to the Lord, but those who act faithfully are his delight.” With this, TikTok is held accountable for its lack of transparency in its data collection habits. Parents, especially, were not made completely aware of how their children’s data was being used, and places TikTok’s behaviors in conflict with how the Bible emphasizes truthfulness. Another aspect from a biblical stand is found again in Proverbs, where it says, “open your mouth for the mute, for the rights of all who are destitute (vulnerable)” (Proverbs 31:8-9). This speaks on behalf of the moral understanding that we are to protect children, who are not as experienced in preventing risk and harm to themselves. With TikTok allowing children to bypass and look beyond those under the restricted age on their site, it ultimately created a heavy tension and conflict between the biblical call to protect those who need protection. Within these standards, TikTok and its partner sites represent the misuse of human morals and the overlooking of biblical standards. As Christians, we are called to protect and represent a standard of good character, as presented throughout all of Scripture.

    In conclusion, the lawsuit filed by the Federal Trade Commission sheds light on TikTok’s misuse of data collection, neglect to protect children’s privacy laws under COPPA, and its priority on promoting advertising and profit-driven behaviors. Not only from a biblical worldview, but also under credible company morals, businesses like TikTok highlight the importance of honesty in behaviors, faithfulness to agreements, and protection against privacy violations. As our world transforms into a digital civilization, it is important to practice safe and secure ways of promoting brands while keeping the peace between employers and users.


    References:


    Federal Trade Commission. (2024, August 2). FTC Investigation Leads to Lawsuit Against TikTok and ByteDance for Flagrantly Violating Children’s Privacy Law. https://www.ftc.gov/news-events/news/press-releases/2024/08/ftc-investigation-leads-lawsuit-against-tiktok-bytedance-flagrantly-violating-childrens-privacy-law

    Federal Trade Commission. (2025). Children’s Online Privacy Protection Rule (“COPPA”). https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa