Mark Zuckerberg’s Threat to Shut Down Instagram and Facebook

Mark Zuckerberg’s recent warning about possibly shutting down Instagram and Facebook in New Mexico over child safety laws seems to be a familiar tactic aimed at dodging regulations. However, experts suggest that this strategy may be losing effectiveness as legal challenges mount.

This warning from Zuckerberg’s team came just before a trial in New Mexico where a judge is expected to determine if stringent safety measures should be applied to Meta, having already faced a hefty $375 million fine for not sufficiently protecting minors from sexual predators.

James Grimmelman, a law professor at Cornell, pointed out that what used to be a powerful move for garnering sympathy and attention is becoming increasingly unrealistic for Meta. “In the long run, the issue is that similar demands from other states are looming, which could transform the app to cater to the needs of multiple states, not just New Mexico,” he explained.

Currently, Meta is trying to navigate through over 2,400 lawsuits nationwide, with complaints filed by more than 40 state attorneys general. Just last month, a court found Meta liable in a case brought in Los Angeles for contributing to social media addiction.

Back in 2022, Meta had threatened to cut off access to its platforms in Europe due to a conflict over data-sharing policies, with European lawmakers accusing the company of “blackmail.” Though they haven’t renewed that threat yet, the relationship with the EU seems to be deteriorating as regulators tighten rules on tech companies.

In other regions, Canada has begun blocking news content on Meta’s platforms in response to laws requiring fair compensation for news organizations. Previously, Australia briefly enacted similar measures in 2021 but reversed them after negotiations with Meta. There’s ongoing tension with Australia as well, focusing on payments for news content.

Hany Farid, a professor at UC Berkeley, argued that the shutdown threat isn’t likely to resonate across the U.S. “This tactic didn’t work previously when the EU began enforcing human rights regulations, and it likely won’t now,” he remarked, emphasizing that New Mexico could just be the start of many similar litigations.

Grimmelman believes Meta’s threat may incite backlash akin to resistance faced by ride-hailing services like Uber when they tried to resist regulatory measures. However, he noted that given the current public sentiment towards social media companies—especially in light of recent lawsuits—Meta’s potential exit might not provoke substantial outrage. “Users might just look for alternatives,” he suggested.

Meta contends that the measures proposed by New Mexico’s Attorney General, like enhanced age verification and algorithms prioritizing safety over engagement, are excessively burdensome and could compel them to withdraw from the state entirely.

In a statement, AG Raul Torres dismissed these claims, asserting they reflect a “corporate pressure campaign” rather than genuine concern for safety. “New Mexico may be small, but we won’t be intimidated by companies prioritizing profits over child safety,” he affirmed.

The state is seeking up to $3.7 billion in damages from Meta, with additional proposals suggesting the appointment of child safety monitors and warnings about the risks associated with using the platforms.

While some changes proposed by the state may resonate with safety concerns, Judge Brian Biedscheidt indicated that he worries certain recommendations might be excessive. Yet, he did support some of Torres’ suggestions, hinting at an appointed child safety monitor to oversee Meta’s compliance with regulations.

Eric Goldman, co-director of the High Tech Law Institute, commented that Meta’s legal posturing seems aimed at intimidating regulators into reconsidering their demands while also acknowledging that the viability of a shutdown depends heavily on its potential impact on Meta’s operations. He referenced Pornhub’s current restrictions in multiple states due to age verification laws, highlighting the broader challenges faced by companies like Meta.

Critics, including the Tech Oversight Project, think that Meta’s assertive claims about its safety initiatives reveal a prioritization of profits over user safety. “If Meta resorts to intimidation tactics, that speaks volumes about its values,” said project director Sasha Howarth. “It’s clear this is more about protecting profits than genuinely ensuring safety.”