By: NICOLAS FIERRO
Salina Post
Attorney General Kris Kobach has filed a lawsuit against Snapchat, for violating the Kansas Consumer Protection Act (KCPA).
According to Kobach, the KCPA imposes civil penalties on companies that deceive Kansas consumers by marketing a product with deceptive intent. Kobach added that Snapchat is being marketed as 'safe for kids 12 and older.'
However, he wants to make that change from 12 and older, to 18+ due to the type of content the app portrays.
"There is just a continuous amount of information that has sexual content, nudity, profanity and drug selling on the platform," said Kobach. "I would argue that is not good for an 18-year old, but it is certainly not good for a 12-year old."
The lawsuit was officially filed on Tuesday, September 23 at the Washington County District Court. Kobach added the argument they are stating in court.
"The argument we are making in court is that Snapchat, has falsely advertised this as being safe for 12-year olds, when they know darn well that it is not safe for 12-year olds," he said.
According to Snapchat Support and their Community guidelines, the company 'strives to protect' consumers from unsolicited sexual content or abuse. In the case of violence, Snapchat takes 'all instances of threats, violence and harm seriously,' and 'does not allow content that encourages, threatens, or graphically depicts violent or dangerous behavior, or content that glorifies or encourages self-harm.'
One of their policies on "How we rank content on Discover," states the app is set up in a way that makes 'content age and language appropriate.'
The following is a statement from Snapchat Support over 'content age and language appropriate':
We want to make sure that the content you see is appropriate for your age and the language you speak. To do this, we look at your country, your language, the age you provided when you created an account, and the age we think you may be, based on your friends and your activity. We use this information to group you with similar users in your age group. This way we can identify content that is appropriate for you, in the language that you speak, and is localized to your location.
Concerned parent
Kobach shared that he is concerned as parent for his children, especially for his youngest daughters that are 10 and 13. He commented that on the app store, Snapchat has an age rate of 12+ and he thinks that should not be the case.
"That little bit of information has huge consequences, because I, as the parent may be deceived in saying, this looks okay for you," he said. "The parent does not sit there looking over the shoulder of the kid, while their child is on it scrolling for an half an hour, hour, or an hour and a half. As a parent, our best place to protect our kids is before they download the app, after that it is very hard. This lawsuit is about making Snapchat be honest with people and allowing Kansas parents to better protect their kids."
KBI Director shares the dangers of Snapchat
KBI Director, Tony Mattivi shared points they know about the dangers of Snapchat, unrelated to the lawsuit.
According to Mattivi, the app is used as a 'primary mechanism,' by which fentanyl dealers are selling fentanyl to children.
"We know that fentanyl dealers are targeting children under 18, they are using social media to do it and primarily Snapchat," said Mattivi. "I can give you example after example, of Kansas teenagers who have used Snapchat to buy fake pills that had fentanyl and killed them."
Mattivi added the other way Snapchat is being used, is by the transmission of child sexual abuse materials.
"Our message has been simple to all Kansans, do not ever take a pill that you did not get from a doctor's office or a pharmacy," said Kobach. "We are doing everything we can to try and stop this...We are working hard to protect Kansas parents and their children."
"My main message to parents would be, if you did not get that pill from a pharmacist yourself, then do not take it and do not let your kids take it," said Mattivi. "You have to educate your kids on that, one pill really can kill and that is not an embellishment."
According to Mattivi, fentanyl overdoses are the leading cause of death for Americans under 40.
Kobach and Mattivi also shared that a KBI agent lost his son due to a fentanyl exchange through Snapchat.
"People ask me all the time, what is the biggest myth about fentanyl? It is actually three. Can't happen in my community, can't happen to my family and can't happen to me," said Mattivi. "If we can have a career drug agent (KBI) lose their child to fentanyl poisoning, it can happen to anybody."
Kansas, now the 4th state to sue Snapchat
Following the lawsuit from the AG, Kansas is not first state to sue Snapchat. Kobach said states such as Utah, Florida and New Mexico have sued the social media company in the past.
Kobach said the lawsuit also seeks financial penalties.
The KCPA allows Kansas to recover up to $10,000 per incident.