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Published March 28, 2024

'That's our intention,' says SCDSB, about whether it will sue Facebook, Instagram, Snapchat and TikTok

Four Ontario school boards have filed a lawsuit alleging the platforms disrupt student learning
Two SCDSB students headed to virtual Canada-Wide Science Fair
SCDSB HQ - Barrie 360

By Paola Loriggio

with files from Barrie 360

The chair of the Simcoe County District School Board (SCDSB) confirmed on Friday afternoon that it is the board's intention to join legal action against Facebook, Instagram, Snapchat and TikTok.

Jodi Lloyd says the board is just in a different time and place in the process and as of today (Friday) has not "issued an action."

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, contributing to a mental health crisis and leaving educators to manage the fallout. 

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. 

The lawsuits claim the social media platforms are negligently designed for compulsive use and have rewired the way children think, behave and learn, leaving teachers and schools to deal with the consequences.

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

"The fallout 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 wrote 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.

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

"There's very strong evidence coming forward that these platforms have been very harmful to our youth," Lloyd told Barrie 360. "It affects their brain development, their mental health and well-being."

Lloyd said it's not just related to what goes on in school.

"These platforms are being used by the students for hours every single day."

Asked to cite examples of what frontline workers in Simcoe County public schools are seeing in students as a result of using these platforms, Lloyd says there are record levels of anxiety and mental health issues, and an escalation in behaviours among youth and students in school.

"We now have 24 social workers in our school system in Simcoe County, and we could use more. Prior to the development of social media, we didn't have social workers in school."

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

When asked for comment on the lawsuits, a spokeswoman for Snap Inc. 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," Tonya Johnson 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.

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.

Students are also increasingly struggling to vet information and spot misinformation on social media, pushing teachers to spend "disproportionate" amounts or 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."

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.

Lloyd said cellphones in the school are used as learning tools when there is a need to access the internet or resources, but she stressed that social media is not used within the classroom.

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 four school boards said, however, that they will not incur any costs for the lawsuits unless they are successful.

Lloyd backed up what the other boards stated.

"We are moving forward on this litigation on a contingency basis and there is no cost to the board, so we are not wasting taxpayers money. We are not taking education dollars out of the classroom."

She added the comments by the premier on Friday were not accurate.

If the litigation is successful, Lloyd said they would want the funds to support students and provide additional resources that the board currently needs.

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.)."

Barrie 360 did reach out to the Simcoe Muskoka Catholic District School Board but a spokesperson said the individual who could comment was not available.

- with files from Maan Alhmidi. 

banner image: The Canadian Press

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