Meta’s Trial Over Child Safety Claims in New Mexico
SANTA FE, N.M. — Closing arguments are set for Monday in a significant trial in New Mexico. The social media giant Meta faces accusations of misleading users regarding the safety of its platforms for children.
Once the arguments conclude, jurors will consider the case after six weeks of testimony from numerous witnesses. These included teachers, mental health experts, state investigators, and former Meta officials.
This trial in New Mexico state court is among the first to advance in the rising wave of lawsuits concerning the impact of social media on children.
New Mexico prosecutors allege that Meta, which operates Instagram, Facebook, and WhatsApp, has put profits above safety, violating state consumer protection laws. They expressed concerns about the safety of complex algorithms and various messaging features and settings.
Meta’s legal team contests these claims, asserting that the company does take steps to protect teenagers and filter out harmful content. Still, they admit that some inappropriate posts do slip through their safety measures.
Following this phase, a judge will determine if Meta has created a public nuisance and if the company should financially contribute to programs aimed at addressing alleged harm to children.
Attorney General Raúl Torrez initiated the lawsuit in 2023, accusing Meta of fostering an environment conducive to predators targeting children for sexual exploitation and failing to disclose knowledge regarding these dangers. State investigators even created social media accounts posing as children to collect evidence on online solicitations and Meta’s reactions.
On the other hand, Meta’s attorneys have stated that the company is straightforward with users about its ongoing but imperfect efforts to enforce bans on child sexual abuse material. They also claim that prosecutors have selectively presented evidence and conducted a poor investigation.
At the trial, Meta executives emphasized their commitment to enhancing safety on their platforms and addressing concerns about excessive social media use without infringing on free speech rights.
A jury drawn from Santa Fe County residents will decide if Meta violated the state’s Unfair Practices Act on three counts, which include allegations of “unconscionable” trade practices.
If the jury finds willful violations, fines could reach up to $5,000 per infraction. Prosecutors are suggesting that, given the large number of users in New Mexico, this could escalate to billions of dollars, although Meta asserts that a different calculation should apply.
Under Section 230 of the U.S. Communications Decency Act, tech companies have historically been shielded from liability for user-generated content. Additionally, they have a First Amendment protection.
Prosecutors clarify that New Mexico isn’t trying to hold Meta accountable for the content itself but rather for its role in disseminating that content through algorithms designed to amplify potentially addictive and harmful materials for children.
Meanwhile, in California, jurors are currently sequestered as they deliberate whether Meta and YouTube should be held liable for harm caused to children using their platforms. This key case could influence the outcome of thousands of similar lawsuits against social media companies.
