Ontario school boards have initiated a series of lawsuits against prominent social media giants, including Meta, Snapchat, and TikTok, seeking substantial monetary damages as compensation for the significant disruption these platforms have caused in the educational landscape. These legal actions come amid rising concerns regarding the influence of social media on students’ academic performance and mental well-being.
A growing body of evidence strongly indicates that adolescents are increasingly becoming addicted to social media platforms. This evidence suggests that these platforms are deliberately engineered to cultivate such addiction, leading to detrimental online behaviors such as bullying and harassment, and contributing to mental health issues among students that can have grave consequences, including even influencing suicidal tendencies.
A coalition of Ontario school boards, operating under the name Schools for Social Media Change, asserts that the products they aim to regulate are crafted for compulsive usage, fundamentally altering how children perceive, behave, and learn. They argue that educational institutions are facing an overwhelming burden as they deal with the mental health crisis exacerbated by the alleged negligence of social media companies. Alarmingly, around 95 percent of Ontario schools have reported a pressing need for additional resources to tackle this escalating mental health crisis among their students.
Boards in U.S. and Canada
In March 2024, four Ontario school boards officially announced their intention to sue major social media players including Meta, Snapchat, and TikTok. Shortly thereafter, an additional five school boards, along with two private institutions, joined the legal battle with their own lawsuits.
This wave of litigation follows a significant trend in the United States, where over 200 school districts have already launched complaints against social media platforms.
The lawsuits in the U.S. connect social media usage with a marked decline in the mental health of students. One startling U.S. statement of claim characterizes the current situation as “perhaps the most serious mental health crisis [the nation’s children, adolescents, and teenagers] have ever faced.”
The claims made in the Canadian lawsuits mirror these concerns. For instance, one lawsuit alleges that the defendant social media companies utilize exploitative business strategies and have negligently designed products that are both unsafe and addictive, which are actively marketed to youth.
Regulating digital information
This wave of litigation on both sides of the Canada-U.S. border is relatively unprecedented. However, in Canada, the lawsuits have sparked significant controversy. Premier Doug Ford publicly criticized the Ontario lawsuits as “nonsense,” suggesting that school boards should prioritize their educational responsibilities over legal actions.
In response to the rising controversies highlighted by these lawsuits, the Ontario government has proposed Bill 194. This legislation aims to introduce various new regulations concerning the digital information of children and youth, specifically within educational institutions and children’s aid societies.
However, the regulations proposed in the bill are unlikely to effectively confront the root issues these lawsuits aim to address, particularly the implications social media companies have on children’s education and the time spent outside school on these platforms. Ontario’s Information and Privacy Commissioner has recommended that the government replace proposed measures with enhancements to existing privacy laws, indicating the potential inadequacy of the current proposal.
Moreover, Ontario’s recent cell phone ban addresses only one aspect of a much larger problem concerning adolescent engagement with social media.
Impact of company practices on youth
Notably, the Canadian lawsuits targeting social media giants are structured around claims that transcend mere privacy violations. These cases center on the substantial disruption to the operational dynamics of schools, driven by the adverse impacts social media practices have on young individuals.
Even though privacy claims are notably absent from the school board litigation, they remain an underlying concern. The business models of social media companies are heavily reliant on user data, driving them to adopt practices designed to capture and maintain user engagement, often leading to social dependency. Research indicates that children and youth are especially vulnerable to developing addictive behaviors towards these platforms.
The data harvested from interactions on these networks also provides fuel for targeted advertising, which can exacerbate issues related to body image perception among young people, further harming their self-esteem and overall mental health.
Privacy laws out of step?
The foundation of the harm alleged by the school boards lies within the practices of personal data collection and processing undertaken by social media companies. However, the ramifications extend far beyond individual privacy-related concerns acknowledged within current privacy regulations. This suggests a significant misalignment between existing privacy laws and the contemporary data practices prevalent today.
Fortunately, there is some hope with Bill C-27, which is currently under discussion in Parliament’s Standing Committee on Industry and Technology. This bill seeks to initiate essential reforms to Canada’s private sector privacy laws through the introduction of the new Consumer Privacy Protection Act.
While the proposed legislation includes new measures to regulate artificial intelligence (AI) technologies, these reforms may not adequately address the broader systemic issues stemming from the exploitation of personal data.
Legislation falling short
The proposed Consumer Privacy Protection Act makes limited strides in acknowledging the sensitivity surrounding children’s personal information. It notably lags behind the United Kingdom’s comprehensive age-appropriate design code of practice for online services.
In addition, although the Artificial Intelligence and Data Act aims to set boundaries for AI system development, it narrowly defines harm in terms of individual experiences, failing to recognize group and communal harms resulting from algorithm-driven practices, such as the ongoing disruption of educational systems.
In stark contrast, the European Union’s AI Act embraces a much broader perspective, mandating comprehensive protections for health, safety, and fundamental rights, including the well-being of democracy and environmental stewardship.
The school boards, through their litigation, are pursuing unprecedented claims aimed at redressing what they assert are societal harms resulting from relentless data collection and processing by social media companies. These alleged harms extend far beyond individual users to encompass broader societal implications.
As these legal proceedings progress, a crucial question arises: How will future regulations governing AI and privacy be structured to effectively address the collective and societal harms stemming from the exploitation of personal data?
**Interview with Dr. Lisa Thompson, Education Policy Expert**
**Host:** Welcome, Dr. Thompson. Thank you for joining us today to discuss the recent lawsuits filed by Ontario school boards against social media giants. This is quite a significant development. What prompted the school boards to take such drastic legal action?
**Dr. Thompson:** Thank you for having me. The decision by Ontario school boards to sue social media companies stems from growing concerns about their pervasive influence on students’ academic performance and mental health. With evidence linking social media use to increased addiction, bullying, and mental health crises among adolescents, educators feel overwhelmed. They believe that the products offered by these companies are designed in a way that makes them addictive, and thus, harmful to students.
**Host:** That’s a salient point. You mentioned links between social media use and mental health issues. Can you elaborate on the evidence that supports these claims?
**Dr. Thompson:** Certainly. Research shows a correlation between heavy social media usage and mental health problems in young people, including anxiety, depression, and, in severe cases, suicidal tendencies. Many adolescents report feeling pressured to maintain an online presence, which can lead to feelings of inadequacy and social isolation. The lawsuits filed highlight these concerns, suggesting that social media platforms are engaging in exploitative practices to sustain user engagement, directly impacting the well-being of students.
**Host:** The coalition of school boards, known as Schools for Social Media Change, argues that they are grappling with a significant mental health crisis exacerbated by social media. What kind of support do schools need to address this?
**Dr. Thompson:** Schools are in dire need of additional resources to manage the mental health challenges that students face today. Reports indicate that up to 95% of Ontario schools are seeking more support in this area. This could include mental health professionals, educational programs aimed at promoting digital literacy, and, importantly, tools to help students navigate social media safely and responsibly.
**Host:** Given the growing trend of lawsuits against social media companies in both Canada and the U.S., do you foresee any legislative changes that might arise from this?
**Dr. Thompson:** Yes, I believe we may see increased scrutiny and potential regulatory changes regarding how social media companies operate, especially in relation to youth. For instance, the proposed Bill 194 aims to introduce regulations about digital information and how it’s managed within educational institutions. However, there is concern that these measures may not adequately address the core issues. More robust reforms are needed to ensure that social media platforms are held accountable for their impact on young people’s lives.
**Host:** Some politicians have criticized these legal actions, suggesting that schools should focus on education instead. What’s your take on this perspective?
**Dr. Thompson:** While it’s important for schools to prioritize their educational mission, dismissing the underlying issues caused by social media is shortsighted. The reality is that the trauma and distractions resulting from social media usage directly affect students’ learning. Therefore, addressing these issues is inherently tied to the educational mission. Lawsuits may not be the ideal solution for everyone, but they highlight a critical conversation about responsibility and the consequences of social media use on young populations.
**Host:** Thank you, Dr. Thompson, for sharing your insights on this pressing issue. With the ongoing developments, we hope to see effective strategies that prioritize students’ mental health and well-being.
**Dr. Thompson:** Thank you for having me. It’s an important topic, and I appreciate the opportunity to discuss it.
