LAS VEGAS (KSNV) — Nevada Attorney General Aaron Ford is advancing a lawsuit against the messaging platform Kik, alleging it serves as a haven for child predators.
Filed in August, the lawsuit claims Kik unlawfully targets minors and puts them at risk.
Neama Rahmani, President of the West Coast Trial Lawyers, explained that the lawsuit, which also targets Kik’s parent company, MediaLab, is crafted in a way that could potentially change the guidelines for future lawsuits against online platforms.
Rahmani noted that federal laws, particularly Section 230 of the Communications Decency Act, often protect social media platforms from liability for user actions.
He says that by keeping the lawsuit in the state of Nevada, the app cannot use Section 230 as a defense.
The attorney general is arguing violations of Nevada law.
First, it claims the app is deceptive in its safety claims for children.
“Defendants knowingly misrepresented to regulators and the public that Kik was safe for children, and prioritized the safety of children on the platform, when in fact Defendants knew that those representations were false,” the lawsuit states.
Second, it deems Kik as a product, which Rahmani says is unique for lawsuits against media platforms.
“If the court deems Kik as a ‘product,’ the app may be liable for any harm it causes,” Rahmani said.
He adds that this could set a precedent affecting other social media platforms.
The lawsuit aims to protect Nevada’s children, asserting that “at present, Kik remains one of the most severe threats to minors currently in operation.”
Jessica Kay, a sex trafficking survivor, commented on the lawsuit, stating, “Apps like Kik have become a well-documented tool in child sex trafficking. With weak age verification, anonymous profiles, and private chat features, they provide traffickers direct access to groom and exploit children. This is not simply an online safety concern; it is a trafficking pipeline.”
