Texas AG Ken Paxton sues TikTok for violating the SCOPE Act. Here's what it means

Texas Attorney General Ken Paxton has filed a lawsuit against the social media platform TikTok, according to a news release Thursday.

In the lawsuit, Paxton claims that TikTok violated the Securing Children Online through Parental Empowerment Act, known as the SCOPE Act, a Texas law that aims to prevent digital service providers from sharing a minor's personal identifying information without parental permission.

Why is Ken Paxton suing TikTok?

In the lawsuit, Paxton claims the app allows minors to create TikTok accounts without providing parents access to protect their children's privacy and account settings, as required by the SCOPE Act. The app collects, stores and processes personal information about minors whenever they interact with TikTok, according to the lawsuit.

Other information being collected includes date of birth, email, phone number and device settings, such as device type, language preference and country setting, as well as data about a user’s interaction with TikTok, such as videos viewed, liked or shared; accounts followed; comments; content created; video captions; sounds; and hashtags.

“I will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton said in the news release. “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.”

The full lawsuit can be read here. Here is a breakdown to why Paxton is suing TikTok:

TikTok responds to Texas lawsuit

According to Newsweek, in an emailed statement sent to the publication, TikTok denied the allegations that it violated the SCOPE Act.

"We strongly disagree with these allegations," a TikTok spokesperson said. "In fact, we offer robust safeguards for teens and parents, including Family Pairing, all of which are publicly available. We stand by the protections we provide families."

What is the SCOPE Act?

Texas House Bill 18, the SCOPE Act, restricts digital service providers, such as social media companies, from collecting data on minors. The SCOPE Act also requires providers to ban targeted advertising, require parental consent for financial transactions, and block access to content related to suicide, substance abuse and grooming.

The SCOPE Act says digital services must also prevent other harmful exposure, including:

• Substance abuse and patterns of use that indicate addiction.

• Advertisements for products or services that are unlawful for a minor, including illegal drugs, tobacco, gambling, pornography and alcohol.

• Bullying and harassment.

• Sexual exploitation, trafficking, abuse and child pornography.

Texas already requires age verification for adult websites under HB 1181, which passed in 2023. It requires users to verify their age with a government-issued ID or reasonable alternative.

Texas judge temporarily blocks parts of SCOPE Act

On July 30, tech groups NetChoice and the Computer and Communications Industry Association filed suit to block the law, claiming it unlawfully restricted free expression. Another lawsuit was brought by a nonprofit, the Foundation for Individual Rights and Expression. On Aug. 30, two days before the law was set to go into effect, U.S. District Judge Robert Pitman sided partly with NetChoice, issuing an injunction against the law's monitoring and filtering requirements while the case continues.

According to the Houston Chronicle, in a 38-page order, Pitman ruled that the law was overly broad and infringed on the constitutional rights of social media companies and users. He argued that the First Amendment protects the distribution and access to content, including for minors, and that the bill would place a burden on platforms by compelling them to monitor and moderate content in ways that violate free speech.

“The final issue for HB 18 is that the law fails to define key categories of prohibited topics, including ‘grooming,’ ‘harassment,’ and ‘substance abuse.’ At what point, for example, does alcohol use become ‘substance abuse?’ When does an extreme diet cross the line into an ‘eating disorder?’ What defines ‘grooming’ and ‘harassment?’ ” Pitman asked. “Under these indefinite meanings, it is easy to see how an attorney general could arbitrarily discriminate in his enforcement of the law.”

The ruling temporarily blocked the enforcement of HB 18, citing the potential for irreparable harm if it were allowed to go into effect.

What lies ahead for the SCOPE Act in Texas?

Because Pitman only temporarily blocked parts of the law, some parts meant to block data collection and set age requirements are in effect. A court will review the bill and make a decision on the ruling.

This article originally appeared on Austin American-Statesman: Ken Paxton sues TikTok for sharing minors' data, violating Texas law