A landmark ruling in New Mexico finds that Meta violated state child safety laws
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A New Mexico judge on Tuesday ruled that Meta intentionally harmed the mental health of children and concealed what she knew about child sexual abuse on social media.
The landmark verdict comes after nearly seven weeks of trial. The judges sided with federal prosecutors, who said Meta – which owns Instagram, Facebook and WhatsApp – prioritized profits over safety.
The judge ruled that Meta violated parts of the state’s Unfair Practices Act by concealing what it knew about the dangers of child sexual exploitation on its platforms and the effects on a child’s mental health, and that it engaged in “unconscionable” business practices that took advantage of children’s vulnerability and ignorance.
The jury found thousands of violations, each calculated separately in the $375 million US fine.
“We respectfully disagree with the decision and will appeal,” said a Meta spokesperson in a statement. “We work hard to keep people safe on our platforms and are clear about the challenges of identifying and removing bad actors or harmful content.”
Among the many social media lawsuits going on
The New Mexico case was the first to go to trial in a case dealing with social media and its impact on children.
The trial which started on 9 Feb. it’s the first in a series of lawsuits against Meta and comes as school districts and lawmakers seek more restrictions on the use of smartphones in classrooms.
In federal court in California, a judge has been deliberating for more than a week on whether Meta and YouTube should be liable for injuries caused to children on their platforms, in one of three bellwether court cases that could set the stage for thousands of similar cases.
In addition, more than 40 state attorneys have filed lawsuits against Meta, saying it contributes to mental health problems among young people by intentionally designing Instagram and Facebook’s addictive features.
The New Mexico case hinges on an undercover federal investigation in which agents created social media accounts posing as children to document sexual solicitations and Meta’s response.
The lawsuit, filed in 2023 by the Attorney General of New Mexico, Raul Torrez, also claims that Meta has not fully disclosed or addressed the dangers of social media addiction. Meta has not admitted that social media addiction exists, but executives in the lawsuit acknowledged “problematic use” and said they want people to feel good about the time they spend on the company’s platforms.
“The evidence shows not only that Meta is investing in security because it’s the right thing to do, but because it’s good for business,” company attorney Kevin Huff told jurors during closing arguments. “Meta designs its apps to help people connect with friends and family, not to try to connect predators.”
During testimony before a judge in Los Angeles, Meta CEO Mark Zuckerberg dismissed allegations that his company’s social media apps are targeting new users.
Technology companies are protected from liability for material posted on social media under Section 230, a 30-year provision of the US Communications Decency Act, and a first amendment shield.
Prosecutors in New Mexico say Meta should still be held accountable for its role in releasing content with sophisticated algorithms that amplify material that could be harmful to children.
“We know that the outcome is intended to deal with the time spent by children,” said prosecuting attorney Linda Singer. “That decision made by Meta has a very negative impact on children.”
The second phase of the trial, likely in May before a jury without a jury, will determine whether Meta has caused a public nuisance and can be ordered to change its course and pay remedies.
The New Mexico case examined dozens of Meta’s internal documents and reports related to child safety. Jurors also heard testimony from Meta executives, platform engineers, defectors, psychologists and technical security consultants.
Local public school teachers testified, saying they were struggling with the disruption linked to social media, including child sexual abuse programs.
Police have seen a dramatic increase in reports of online sex. Young men and youths are being targeted, prompting the RCMP to raise the alarm.
“This case is about the biggest technology companies in the world taking advantage of the youth of New Mexico,” Chief Deputy Attorney General James Grayson told the judge in closing arguments.
In reaching its decision, the judge considered whether social media users were misled by certain statements about the platform’s security by Meta CEO Mark Zuckerberg, Instagram head Adam Moseri and Meta global security head Antigone Davis.
In deliberations, jurors used a checklist of allegations from prosecutors that Meta failed to disclose what it knew about problems enforcing its ban on users under 13, the rise of social media content about teen suicide, the role of Meta algorithms in prioritizing sensational or harmful content, and more.
