A lawyer from Sao Paulo has sued TikTok, accused of violating the Child and Adolescent Code (ECA). The case is handled in secrecy by the Court of Justice at the São Paulo Childhood and Youth Court, and its results can be mirrored on all social networks.

As Anderson Albuquerque told the site slopeThe reason he sought justice was the safety of his two underage children regarding certain content on the platform.

A 2021 survey by Opinion Box shows that 45% of children under the age of 12 with a mobile phone have access to TikTok. According to Albuquerque, it’s not possible to detail the merits of the process due to judicial secrecy, but stresses that the platform “has no effective policy to protect children and adolescents.”

TikTok Flaws

For legal action, TikTok has flaws that exceed content limitations for children and adolescents set by its Service Policies. One of the alleged points is that although the social network imposes a minimum age requirement of 13, it does not have the opportunity to comply with this designation, allowing users to register at any age.

The absence of a login requirement also blocks parental control by allowing access to all types of content in addition to the search algorithm, as users easily circumvent search restrictions with distorted terms. It is not possible to search for the word “sex”, for example the term “s3x0” returns many results – overriding the constraint.

What might change on TikTok and other platforms?

If the court holds TikTok liable, the platform may need to take security measures. Some of these could be: making it impossible for minors to access inappropriate content, enforcing a policy for the review and analysis of user records, and requiring age grouping and classification of posted videos.

For Marco Antonio Araújo Júnior, an expert in New Technologies Law and Common and Collective Rights, if the decision is in favor of the consumer, “in the sense that digital platforms comply with the disclosed privacy policy and high courts uphold the decision, it could become a paradigm for other similar situations in any social network. ”

Source: Tec Mundo

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