Meta Considers Shutting Down Services in New Mexico
SANTA FE, N.M. — Meta is contemplating the possibility of discontinuing its social media platforms in New Mexico. This consideration arises in the wake of state prosecutors advocating for significant changes to how the company operates, particularly on platforms like Instagram, to enhance the mental health and safety of children.
This issue has surfaced as part of a legal battle leading up to a bench trial next week, where Meta faces accusations of being a public nuisance. This is the second stage of a lawsuit that has already resulted in hefty civil penalties—around $375 million—after a jury found that Meta knowingly harmed children’s mental health and concealed information about child sexual exploitation on its platforms.
Prosecutors are urging the court to mandate modifications to child accounts on social media, aiming to curb addictive features, improve age verification processes, and safeguard against child sexual exploitation through default privacy settings and increased oversight.
In response, Meta’s leadership has been vocal about their commitment to enhancing child safety and addressing compulsive social media usage. They argue that the company is unfairly isolated among many apps utilized by teens.
A recent court document revealed that Meta believes it is practically impossible to meet a proposed requirement for 99% accuracy in verifying that users under 13 are indeed that age, among other stipulations.
“Effectively, this requirement necessitates Meta to shutter its services—not just for the children but for all users in the state—unless it can fulfill these unfeasible obligations,” the filing read.
If Meta were to exit New Mexico, it would halt personal communications on popular platforms like Facebook and WhatsApp, significantly impacting commercial advertising as well. Interestingly, leaving the state could address concerns about child safety, but it might also send a hostile message, potentially resulting in unintended repercussions, according to Eric Goldman from the High Tech Law Institute.
Goldman pointed out that Canadian authorities expressed concerns about Facebook prioritizing profits over safety in 2023, when the platform obstructed local news coverage during severe wildfires and evacuations. This was a response to a new law mandating that tech companies pay for linking to or using local publishers’ content.
Moreover, a jury in Los Angeles recently held both Meta and YouTube accountable for the negative impact their platforms have on children, highlighting ongoing anxieties regarding the risks associated with social media usage.
New Mexico’s legal action against Meta is notable as it is the first to go to trial among over 40 state attorneys general who have taken legal action against the company, alleging it contributes to a mental health crisis among youths. Most of these cases are being pursued in federal court.
New Mexico Attorney General Raúl Torrez expressed skepticism that Meta would be willing to cease operations nationwide. He disputed the assertion that the suggested changes are impractical, recalling earlier times in the social media realm that lacked features like auto-play.
As Torrez, who is running for reelection this November, emphasized, he won’t overlook the exploitation of children in New Mexico for the sake of advertising contracts.
Globally, different countries are adopting, or considering, a range of regulations on online children’s activities, including social media bans and requirements for younger teens to link their accounts to a parent’s. New Mexico is also pushing for child accounts on Meta platforms to be linked with a parent or guardian, along with a court-supervised monitor to assess progress over time.
Goldman mentioned that there are some regions where Facebook might not operate due to the high cost of maintaining services, suggesting that a similar situation could arise with New Mexico.
