OCDSB's lawsuit against social media giants could lead to stronger regulations, experts say

As Ottawa's largest school board joins a group of other Ontario boards in taking social media giants to court, education experts say the move may lead to stronger regulations to address a growing "youth mental health crisis."

Alongside the public district school boards of Toronto, Peel, and Toronto's Catholic counterpart, Ottawa-Carleton District School Board (OCDSB) is looking for about $4.5 billion in total damages from Meta Platforms Inc., Snap Inc. and ByteDance Ltd.

The three companies operate Facebook and Instagram, Snapchat and TikTok respectively. 

They allege the platforms facilitate and promote cyberbullying, harassment, hate speech and misinformation, and have a part in escalating physical violence and conflicts in schools, according to the statements of claim. The allegations have yet to be proven in court, and there is no set date for when they will be heard.

"The issue we have is with some social media giants who knowingly develop algorithms in their software to create compulsive behaviour to manipulate underdeveloped prefrontal cortex minds of our youth," said Pino Buffone, OCDSB's director of education. 

"We all feel we have to play our part. And as leaders of public education, we've come to the conclusion that if we don't intervene, this is not going to get any better," he added. 

It's believed to be one of the first cases of its kind in Canada.

The lawsuit comes after a large civil suit against Meta Platforms Inc. was initiated in the U.S., last fall. Over 30 states accused Meta of harming young people's mental health and contributing to the youth mental health crisis.

Chris Thomas, an assistant professor at the University of Florida's college of education, has been following the U.S. cases closely. The lawsuits are only one part of the puzzle to improve the regulation of social media, Thomas said. 

"What I think they're looking for here is just kind of to elevate the conversation about what these social media companies have been doing, and how social media itself is impacting the work of educators in schools," he said.

Thomas said he's already seen how these lawsuits have started to shape the conversation around social media usage in teens and adolescents, pointing to a recent bill passed in Florida that bans anyone under the age of 14 from holding social media accounts without parental permission.  

But questions remain on whether school boards are the best representatives to bring forward these sorts of lawsuits, Thomas said. 

"Yes, they are experiencing the consequences of social media, but … they'll have to demonstrate what that harm is and how that harm is different than what other folks are experiencing from usage of social media," he added.  

'A crisis point'

Sachin Maharaj, assistant professor of education at the University of Ottawa, said he views the lawsuit as a "multi-pronged effort" to address issues related to social media, following steps school boards have taken to greater restrict cell phone use in Quebec, Toronto and British Columbia. 

"What this lawsuit is trying to do is address the root of the problem, which is the nature of these social media apps in the first place," he said. "The apps themselves are designed to be as addictive as possible." 

Maharaj said several studies show that mere presence of cellphones in classes results in lower levels of learning and academic achievement. 

Beyond that, Maharaj said school boards are also worried about the effect social media has on the social and emotional development of children and teenagers. 

"It's leading to increased rates of anxiety and depression among teens and it's also changing the social dynamics in schools," he said. 

Maharaj said he'll be watching to see how the lawsuit plays out in court, but either way, it's calling greater attention to an issue educators have been dealing with for a "really long time." 

"And it seems to be actually getting worse … It's kind of reaching a crisis point."