Ontario school boards suing Facebook, Instagram, SnapChat and TikTok

Lawsuit claims the platforms are negligently designed for compulsive use and have rewired the way children think, behave and learn

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TORONTO — Four of Ontario’s largest school boards are suing the parent companies of Facebook, Instagram, Snapchat and TikTok, alleging the social media platforms are disrupting student learning.

The Toronto District School Board, the Peel District School Board, the Toronto Catholic District School Board and the Ottawa-Carleton District School Board filed four separate but similar cases in Ontario’s Superior Court of Justice on Wednesday.

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The lawsuits claim the platforms are negligently designed for compulsive use and have rewired the way children think, behave and learn, leaving teachers and schools to manage the fallout.

They claim students are experiencing an attention, learning, and mental health crisis because of prolific and compulsive use of social media products.

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“The fall out of compulsive use of social media amongst students is causing massive strains on the four school boards’ finite resources, including additional needs for in-school mental health programming and personnel, increased IT costs, and additional administrative resources,” the school boards said in a news release Thursday.

“The goal of the litigation is to provide school boards with the resources needed to support student programming and services, and to respond to the school-based problems social media giants have caused.”

The boards are seeking damages in excess of $4 billion for disruption to student learning and the education system.

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The allegations in the lawsuits filed in Ontario Superior Court have not been proven.

Meta Platforms Inc. owns Facebook and Instagram, while Snap Inc. owns Snapchat, and ByteDance Ltd. owns TikTok.

A spokeswoman for Snap Inc., Tonya Johnson, said Snapchat helps its users stay connected with their friends.

“Snapchat opens directly to a camera — rather than a feed of content — and has no traditional public likes or comments,” she said.

“While we will always have more work to do, we feel good about the role Snapchat plays in helping close friends feel connected, happy and prepared as they face the many challenges of adolescence.”

The other social media companies did not respond immediately to requests for comment.

Hundreds of school boards in the United States, along with some states, have launched similar lawsuits against social media companies.

The four Ontario boards, in their statements of claim, allege the online platforms have deliberately sought to draw in students and prolong their use of social media, knowing school boards would have to deal with the effects on youth and their mental health.

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They allege the social media companies have acted in a “high-handed, reckless, malicious, and reprehensible manner without due regard for the well-being of the student population and the education system,” which they say warrants punitive damages.

The boards allege the platforms facilitate child sexual abuse and harassment, “intentionally amplify and push harmful content to maximize engagement,” and refuse to remove harmful content such as threats unless compelled by law enforcement.

The boards list a series of measures they say they have had to take in response to growing social media use among students, including pouring increased resources into investigating cyberbullying and online sexual exploitation of students, developing policies and programs to educate students on social media harms, and investigating and responding to threats made against schools, staff or students on social media.

Threats of bombs, shootings and death are growing more common, “facilitated by anonymous usernames,” the boards allege, causing school closures and putting an increased burden on administrators, teachers and IT experts. The boards say they have had to shift resources to “proactively monitoring social media” for such threats and have had to urgently respond to threats after hours.

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Students are also increasingly struggling to vet information and spot misinformation on social media, pushing teachers to spend “disproportionate” amounts of time and resources to help students counter misinformation and prevent them from adopting the “harmful, prejudicial, or discriminatory ideologies that they are constantly exposed to on social media,” the boards allege.

In order to educate students and parents about the potential dangers of social media, boards have hired speakers, organized presentations, and curated other resources, they say.

The boards say they are also using up resources responding to spikes in vandalism and other risky behaviour encouraged by viral social media challenges.

“Students may slap the teacher’s butt or trash the school bathroom and then post this misconduct to social media. Students may engage in reckless behaviour for views, likes, and comments, such as scaling school buildings,” the documents allege.

The boards say they are “dealing with a marked and unanticipated spike in this type of student misconduct fuelled by social media.”

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There is also a rise in conflicts as teachers try to limit the use of phones and social media, which results in “decreased instructional time,” the boards allege.

Ontario Premier Doug Ford suggested school boards should “put all their resources into the kids” rather than legal fees for “this other nonsense that they’re looking to fight in court.” The school boards said, however, that they will not incur any costs for the lawsuits unless they are successful.

An email sent by the TDSB to staff, which was seen by The Canadian Press, said any money awarded through the lawsuit would be “allocated to meet the needs of our students (e.g. additional staff, technological safeguards, programming and training, etc.)”

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