Judge rules TikTok can arbitrate content moderator’s mental health class action

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Update:

• A federal judge in California ruled TikTok can arbitrate claims it failed to protect the mental health of individuals employed as content moderators for the short-form video hosting service. 
• TikTok filed a motion to arbitrate claims brought by a content moderator who argued the company was guilty of negligence and in violation of unfair competition law. 
• The judge, in granting the motion, ruled TikTok can rely on an arbitration agreement its content moderators sign that gives the company the ability to compel arbitration. 
• The plaintiff argued she developed mental health problems after reviewing thousands of graphic and disturbing TikTok videos. 

TikTok content moderator class action lawsuit overview:

• Who: Reece Young and Ashley Velez filed a class action lawsuit against ByteDance Inc. and TikTok Inc. 
• Why: Young and Velez claim ByteDance fails to create a safe work environment for content moderators who work on its TikTok video sharing platform.
• Where: The class action lawsuit was filed in California federal court.

(March 29, 2022)

The owner of TikTok is being accused of failing to create a safe workplace for the thousands of contractors in charge of moderating content posted to the video sharing platform. 

Plaintiffs Reece Young and Ashley Velez claim ByteDance Inc. does not provide adequate “prophylactic measures” before content moderators are exposed to disturbing and graphic videos posted to the platform.

Young and Velez, both remote working content moderators for TikTok, say they and those like them have been damaged psychologically by having to repeatedly view graphic and disturbing videos. 

Further, the plaintiffs claim they are repeatedly exposed to conspiracy theory videos around events such as the COVID-19 pandemic and the holocaust, as well as videos containing hate speech, fringe beliefs, high-risk behavior and political disinformation. 

“As a result of constant and unmitigated exposure to highly toxic and extremely disturbing images at the workplace, Plaintiffs have suffered immense stress and psychological harm,” the class action lawsuit states. 

TikTok content moderators have sought out counseling on own

The plaintiffs say they have sought counseling on their own time due to the traumatic nature of their job with ByteDance, which they argue does not provide “appropriate ameliorative measures after exposure” to the graphic content. 

“Defendants are aware of the negative psychological effects that viewing graphic and objectionable content has on content moderators,” the class action lawsuit states. “Despite this knowledge, Defendants fail to implement acknowledged standards of care to protect content moderators from harm.”

Rather than work to prevent its content moderators from suffering psychological harm, the plaintiffs argue, ByteDance instead has quotas and productivity standards in place that are “irreconcilable with applicable standards of care.” 

“By requiring content moderators to review high volumes of graphic and objectionable content, Defendants require content moderators to engage in abnormally dangerous activities,” the class action lawsuit states. 

Young and Velez claim ByteDance is guilty of negligence and in violation of California’s Unfair Competition Law. They are demanding a jury trial and requesting injunctive relief along with compensatory damages for themselves and all class members. 

The plaintiffs want to represent a nationwide class of individuals who have performed content moderation work for ByteDdance’s TikTok platform. 

Earlier this month, psychologists raised concerns over the effect TikTok is having on the mental health of its users, particularly younger people, who are increasingly self-diagnosing themselves with mental disorders. 

If you or your teen has diagnosed themselves with a rare mental health disorder after viewing content by mental health influencers on social media, you may be able to take part in the social media mental health class action lawsuit investigation. Click here for more information (links to paid attorney content).

The plaintiffs are represented by Joseph R. Saveri, Steven N. Williams, Elissa A. Buchanan and Abraham A. Maggard of Joseph Saveri Law Firm LLP. 

The TikTok content moderator class action lawsuit is Young, et al. v. ByteDance Inc., et al., Case No. 3:22-cv-01883, in the U.S. District Court for the Northern District of California.

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