TikTok faces fresh US pressure over child privacy

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The US Federal Trade Commission (FTC) has referred a complaint against TikTok and its Chinese parent company ByteDance to the Department of Justice (DOJ) over potential violations of children’s privacy laws.

The FTC’s investigation revealed “reason to believe” that the companies “are violating or are about to violate the law.”

A TikTok spokesperson expressed disappointment over the decision in a statement to BBC News.

This case is distinct from recent legislation aimed at banning TikTok in the US unless ByteDance sells the business.

The FTC’s investigation focused on potential breaches of the FTC Act and the Children’s Online Privacy Protection Act (COPPA).

Typically, the FTC does not disclose when it refers a complaint to the DOJ, but it chose to do so in this instance in the public interest.

COPPA regulates the collection, use, and disclosure of personal information from children under 13 years old.

The FTC Act addresses “unfair or deceptive acts or practices” by companies.

In response, a TikTok spokesperson said the company disagreed with the allegations and that it had “been working with the FTC for more than a year to address its concerns.”

“We’re disappointed the agency is pursuing litigation instead of continuing to work with us on a reasonable solution,” they added.

A DOJ spokesperson told BBC News they “cannot comment on the substance of the referral from the FTC against TikTok.”

“Consistent with our normal approach, the Justice Department consulted with FTC in advance of this referral and will continue to do so as we consider the claims,” they added.

The FTC’s announcement adds to the mounting pressure on TikTok in the US.

In April, President Joe Biden signed a bill into law that requires ByteDance to sell the app within a year or face a ban in the country. This deadline will likely fall in 2025, after the 2024 presidential election.

The legislation was introduced over concerns that TikTok could share user data with Chinese authorities, a claim the company has consistently denied.

In May, TikTok filed a lawsuit to block the legislation, arguing that it represents an “extraordinary intrusion on free speech rights” of the company and its 170 million American users.