Wednesday, April 1, 2020

Tik Tok terms and conditions - Blog #5

TikTok Terms of Service
When choosing which social media app I wanted to analyze I chose one of the most recent and popular apps, TikTok. TikTok has been around since 2016 and is used for sharing 15-60 second videos with viewers across the world. Users have the ability to create sounds that can be shared and used again, edit and add effects to videos, follow other users, share videos through messages or to other platforms, use hashtags, and find desired content through the “for you page” as well as a discover page. I also chose TikTok because of the issue of intellectual property, ownership of content, and the issues that circulate on all social media sites of hate and doxing. 
I remember when I recently downloaded tiktok and created an account, I definitely did not read the terms and conditions. I actually don’t think I have ever read the terms and conditions for any social media site I have. I think it is because we learn how to behave properly online through socialization and because I have never planned on posting anything offensive or inappropriate that would violate any terms. When I chose to look for the terms and conditions for TikTok it was very easy and right in the privacy and setting tab. I also googled TikTok terms and services and it was the first link. The page was laid out well with bold numbered headers that clearly indicate what each section will explain. The first section says that they are the terms of service from February 2019 and if you continue to scroll down the updated 2020 version is directly below. Even though this document is often ignored, im glad I read it and was able to gain some more insight about how TikTok operates and what type of content is deemed okay for the app. 
The first thing that surprised me was the under 18 notice, the document said almost immediately “Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian.” This was only surprising because of the massive number of 13-17 year old’s I see on the For You Page of the app. It showed me almost immediately that the terms of service are ignored from all age groups. After this section there is a notice about what can happen if the terms of service are violated in any way. The document says “We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.” Showing that there are consequences for not following the app and that if your account is terminated is is because you violated one of the many terms. I know that every social networking site has a notice about suspending or terminating accounts if terms are not followed however, many do not know what actions can lead to this because of how many there are and how vague some of the rules are. 
 









The terms and conditions then laid out all of the activity a user may not do on the app. Many of these were standard for all social networking sites however a few stood out to me. This section said:


You may not:
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
  • any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
  • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
  • material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TikTok, the Services or its users to any harm or liability of any type.
By making these specifications TikTok seems to try to illuminate hate, doxing, issues with identity, and intellectual property disputes. This section made me think of the Salter reading relating to online abuse as well as Scheinbaum’s concept of “digital drama”. When scrolling through TikTok there are rarely videos dedicated to hate/cancelling/exposing others but when you examine the comments there is often hate that is supported by other users. One popular influencer, Emma Chamerlain, has tons of comments on her appearance, humor, or personality in general that are often negative and would be damaging to anyone self-esteem. Salter stated, “online abuse is a public issue, regardless of the online mode through which it is delivered” (Salter, p. 5) and I think that the hate comments that are left on videos can be considered online abuse. These social networking sites are so prominent in our lives that the abuse online does translate to “real life” and can be damaging for someone’s mental health. This concept also aligns quite well with what Scheinbaum defines are digital drama, this drama is defined as “occurrence of and reactions to negative online consumer behaviors such as sexting, cyberbullying, fear of missing out, abuse, and related online happenings” (Scheinbaum, 2018, pg. 5).  As shown, the terms of service attempt to warn against the behavior and show that accounts can be terminated for it but, it is so prominent that there are not always consequences.
            I think that for being such a recent app TikTok has pretty well developed terms of service and by including the statement that “We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason.” Shows that any behavior can be deemed as inappropriate. This clause appears to be included as a safety net for them because people always find ways to be offensive/inappropriate/or share unwanted information online. Although there is a great deal of information on what can and can not be shared, I think more information on what they have the ability to share or access needs to go more in depth. Since TikTok uses voices and sounds that can be shared with anyone of the app, property is something that may need to be explained more or in simpler terms. They do however say “If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services” showing that they are following copyright laws and that users must as well. 

            Overall, TikTok has well developed terms of service that are actually not too lengthy. However, there are a few sections that remain vague, but this is most likely to not leave room for users to get around the rules. The focus is initially on content and I think this set up is very appropriate because that is most likely the most desired information for users to find. These terms being accessible and in rather simple terms makes them very useful if a user has any questions. I found it very interesting how easy they were to read because I always expected these sections to be tricky so that users would remain unaware of what type of information the platform was gathering or sharing. 
Salter, M. (2017). Crime, justice, and social media. London, England: Routledge.

Scheinbaum, A. C. (2018). A framework for the dark side of social media. New York, NY: Routledge

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