ADDICTIVE FEATURES ON TIKTOK

A secondary school student in Lagos, found himself waking up at 3 a.m. scrolling through TikTok. Once a quick check turned into hours of “For You Page” watching all because the app’s algorithm seemed to know exactly what would keep him watching. Stories like his have not only become part of everyday conversations but have now drawn the scrutiny of lawmakers and regulators around the world.

The core issue is whether TikTok’s design its algorithmic feeds, infinite scrolling, rapid-fire short videos and engagement loops is “overly addictive”, particularly for young users, and whether such design features violate laws meant to protect mental health, children, and consumers. Governments in the USA and Europe are actively considering fines or even restrictions on TikTok’s features, while advocates argue that the platform’s addictive mechanics lead to significant harm.

This article seeks to explain the legal and regulatory concerns behind digital addictive features, international laws and proposals that TikTok may be subject to, relevant case law principles on digital addiction and consumer protection, and potential legal remedies and consequences.

1. The Legal Concern: Digital Addiction and Consumer Protection Addictive Features On Tiktok

Recently, the EU has formally warned TikTok that it must address what it describes as “addictive design” elements or face significant fines under the Digital Services Act. According to the Commission’s preliminary findings from a probe opened two years ago, TikTok has not taken sufficient steps to reduce the negative effects of certain features, particularly on young people and children. They specifically highlighted infinite scroll, autoplay, push notifications, and its highly personalised recommender system as design mechanisms capable of encouraging compulsive use.

1.1 What Is “Overly Addictive” in Legal Terms?

Describing an app as “addictive” is a social observation; translating this into legal culpability requires statutory grounding. Regulators concerned with TikTok’s design are effectively alleging that the platform’s features:

• Harm mental health (especially for minors);
• Exploit psychological vulnerabilities for profit; and
• Fail to provide adequate warnings or safety protections.

Such claims framed as consumer harm, unfair practices, or failure to protect children can trigger enforcement under consumer protection, data protection, and children’s rights laws.

1.2 Consumer Protection Statutes and Digital Platforms

In many jurisdictions, digital platforms must avoid unfair or deceptive practices and ensure product safety. For example: ADDICTIVE FEATURES

• In the United States, the Federal Trade Commission Act (FTC Act) outlaws unfair or deceptive acts or practices in commerce.^[1] The FTC can pursue enforcement where a product’s design causes foreseeable consumer harm that outweighs benefits.
• In the European Union, the Unfair Commercial Practices Directive (UCPD) prohibits practices that materially distort consumer behaviour, which may be relevant where app designs intentionally exploit cognitive biases.^[2]
• Many countries have consumer-protection regimes that extend to digital services requiring transparency, accuracy of representations and protections against harm.^[3]

The debate around TikTok is whether algorithmic design and reinforcement loops akin to “variable reward” mechanisms constitute an unfair practice under these statutory regimes.

2.1 United States Legislative and FTC Scrutiny

In the U.S., lawmakers have expressed alarm about TikTok’s potential harms, including:

• TikTok’s algorithmic design
• Time spent by minors
• Psychological and social effects

In 2022 and 2023, the U.S. House Energy & Commerce Committee held hearings with TikTok executives questioning whether the platform was designed to be addictive and whether it exploited data to prolong user engagement. While this has not yet resulted in a specific statutory ban on addictive features, it has led to legislative proposals aiming to:

• Restrict algorithmic recommendation systems;
• Impose transparency and safety requirements for minors;
• Enable FTC enforcement on addictive mechanics.

The FTC itself has broad authority under Section 5 of the FTC Act to investigate whether TikTok’s design constitutes an unfair practice because it causes substantial injury not outweighed by benefits.

2.2 European Union’s Digital Services Act (DSA) and Child Safety Laws

The Digital Services Act (DSA) is the EU’s most comprehensive regulation of online platforms.^[4] It requires very large online platforms to mitigate systemic risks, including mental health harms and manipulative design. Article 34 requires risk assessments and risk mitigation where user behaviour is influenced in harmful ways.

Similarly, the EU’s General Data Protection Regulation (GDPR) while primarily a data protection law imposes stringent requirements on profiling and automated decision-making, particularly for children.^[5] If algorithmic feeds are viewed as profiling or exploiting personal data without adequate safeguards, TikTok could be found in violation.

European regulators are actively engaging with TikTok to ensure compliance with DSA and GDPR, and are considering administrative fines that can reach up to €35 million or 6 % of global revenue for systemic violations.

2.3 South Korea and Other Jurisdictions

In Asia, South Korea’s “Shutdown Law” limits gaming hours for minors to combat digital addiction, though exact application to social media apps is evolving. Similar youth protection laws in Japan, China, and Singapore regulate features that excessively keep minors engaged. Intelligent age-verification and “time-limit” features are hallmarks of these regulatory efforts.

While Nigeria currently lacks a domestic law directly targeting addictive design features, its Federal Competition and Consumer Protection Act (FCCPA) 2018 and National Information Technology Development Agency (NITDA) Guidelines on digital services offer potential avenues for scrutiny if practices that harm consumers particularly minors are found to be pervasive.

3.1 Consumer Protection and Technology Platforms

While direct case law involving TikTok and addictive design remains emergent (because many of the most notable litigation is pending), legal principles from analogous cases can inform the issues.

3.1.1 FTC v. Microsoft (Xbox Kinect Case)

In FTC enforcement, the Commission has required companies to substantiate claims about user experience and harm. For example, in FTC v. Microsoft, the FTC challenged Kinect marketing claims under unfair practices provisions. Although not addiction-related, the case illustrates how the FTC enforces against misleading or harmful digital product practices.^[6]

4. Legal Effects and Consequences if TikTok Is Fined or Regulated: Addictive Features on Tiktok

4.1 Reputational and Financial Consequences

If authorities in the U.S., EU, or any jurisdiction find that TikTok’s algorithmic design is an unfair or harmful practice:

• The platform could face administrative fines with statutory maxima. For example, in the EU, DSA violations can lead to fines of up to €35 million or 6 % of global turnover.
• In the U.S., the FTC could impose civil penalties, disgorgement, or injunctive relief under Section 5 of the FTC Act if unfair or deceptive practices are found.
• Enforcement orders could require algorithmic redesign, age-based limitations, or clearer consumer warnings.

4.2 Precedential Impacts on Other Platforms

Regulatory action against TikTok could set precedent for similar scrutiny of YouTube, Instagram (Reels), Snapchat, and other short-form video platforms that use similar engagement mechanics. Courts and regulators could adopt an addictive design theory of harm, wherein platforms that result in demonstrable adverse effects on users especially minors are culpable under consumer protection law.

4.3 Platform Liability and Duty of Care

While most immigration jurisdictions treat platform abuse under general terms of service rather than statutory liability, there are emerging doctrines that online platforms owe a duty of care to users where foreseeable harm exists. In the UK, for example, proposed Online Safety Bills (not yet law) would require platforms to protect users from systemicharms, including addiction-like patterns.

5.1 Balancing Free Expression and Harm Prevention

Regulators must balance freedom of expression and innovation with the need to prevent harms associated with manipulative design features. An overly broad interpretation of “addictive features” risks chilling innovation or imposing design constraints that interfere with expression and user autonomy.

5.2 Transparency and Algorithmic Accountability ADDICTIVE FEATURES

Legal reform discussions increasingly emphasise algorithmic transparency requiring platforms to disclose how recommendation systems work and how they impact engagement though protecting proprietary systems is a countervailing concern.

6.1 Regulatory Oversight and Design Standards

Legislatures could adopt clearer statutory standards defining harmful digital practices, requiring platforms to implement:

• Mandatory age-gating and parental-control features;
• Time-limited usage modes;
• Prominent disclosures when engagement mechanics are likely to cause extended usage.

Such standards could be modeled after consumer health protection laws in other industries.

6.2 Platform Self-Regulation and Codes of Conduct

Platforms can voluntarily adopt codes of conduct that include ethical design principles, regular third-party audits of algorithmic impacts, and user empowerment tools.

6.3 Judicial Enforcement and Access to Remedies

Users alleging harm could seek judicial remedies under general tort law (negligence) or consumer protection statutes where jurisdictions recognise harms caused by digital products. While novel, such cases could emerge in courts willing to address technology-related harms.

Wrapping Off ADDICTIVE FEATURE

The current scrutiny of TikTok’s features for being “overly addictive” represents a broader evolution in legal thinking about how digital platforms should be regulated in the public interest. As lawmakers and regulators in the United States, European Union, Asia and beyond consider fines or restrictions, the legal framework straddles consumer protection, administrative law, children’s safety, and algorithmic accountability. Although traditional immigration, tort, or contract law principles do not directly govern digital addiction, jurisdictions are increasingly applying existing statutes such as unfair practices laws to these modern phenomena. As legal systems grapple with these challenges, regulatory clarity, ethical design, and consumer awareness will be central to addressing the balance between digital innovation and user well-being.

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^[1] Federal Trade Commission Act, 15 U.S.C. §45.

^[2] EU Unfair Commercial Practices Directive 2005/29/EC prohibits practices that distort consumer behaviour.

^[3] Many national consumer-protection laws extend to digital services, including the Federal Competition and Consumer Protection Act 2018 (Nigeria).

^[4] EU Digital Services Act (Regulation (EU) 2022/2065), Articles 34–35 on systemic risks and mitigation obligations.

^[5] GDPR Articles 13–15 on automated decision-making and profiling consent requirements.

^[6] No. 23-15992 (9th Cir. 2025).

Lead Partner, EKO SOLICITORS AND ADVOCATES

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