Meta Faces Landmark Trial in New Mexico Over Child Safety concerns
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A closely watched trial examining Meta’s duty for protecting children on its platforms began Monday in New Mexico,potentially setting a precedent for legal challenges against social media companies nationwide. The case, brought by New Mexico Attorney General Raúl Torrez, centers on allegations that Meta knowingly created a harmful environment for children, failing to adequately address the risk of sexual exploitation and addictive algorithms.
New Mexico’s legal strategy hinges on a unique undercover inquiry. State investigators created fake social media profiles of minors to document instances of online sexual solicitation and monitor Meta’s response. This evidence, prosecutors argue, demonstrates a pattern of prioritizing profit over child safety.
“So many regulators are keyed up looking for any evidence of a legal theory that would punish social media that a victory in that case could have ripple effects throughout the country, and the globe,” said Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law in California. “Whatever the jury says will be of ample interest.”
A Novel Legal Approach
The New Mexico case diverges from many existing lawsuits against Meta by focusing not on the content posted by users, but on Meta’s role in amplifying that content through its algorithms. This approach aims to circumvent the protections afforded by Section 230 of the Communications Decency act, which generally shields social media platforms from liability for user-generated content. Torrez argues that Meta’s algorithms actively create a “marketplace and breeding ground” for predators, failing to disclose the known risks associated with its platforms. The state’s investigation revealed that Meta’s responses to reports of online solicitation were often inadequate, prioritizing company profits over the safety of children. Torrez has called for stricter age verification measures, the removal of harmful actors, and modifications to algorithms that serve up potentially damaging content. He has also criticized the use of end-to-end encryption, arguing it hinders efforts to monitor communications with children.
Separately, Torrez’s office has filed felony criminal charges against three individuals accused of child solicitation through social media, utilizing the same undercover tactics employed in the civil case.
Meta’s Defense
Meta maintains its innocence, accusing the Attorney General of selectively presenting evidence and employing “sensationalist, irrelevant and distracting arguments.” In a statement, the company argued that attributing teen mental health struggles solely to social media is an oversimplification. Meta highlighted its ongoing efforts to enhance safety features, including account settings, content restrictions based on movie ratings, and tools providing users with more data about their online contacts.
“If they lose this,” one analyst noted, “it becomes another beachhead that might erode their basic business.”
A Growing Wave of Legal Challenges
The New Mexico and California cases are part of a broader trend of legal action against Meta and other social media giants. More than 40 state attorneys general have filed lawsuits alleging that these platforms harm young people and contribute to the youth mental health crisis through addictive design features. The majority of these lawsuits have been filed in federal court.
A federal trial is also slated to begin in June in Oakland, California, representing school districts suing social media platforms over the harms inflicted on children. In New Mexico, prosecutors have also filed a lawsuit against Snap Inc., alleging its platform facilitates child sexual exploitation. Snap asserts that its platform incorporates safety features and design choices intended to prevent minors from being contacted by strangers.
The Role of the Jury and Potential penalties
A jury drawn from Santa fe County will determine whether Meta engaged in unfair business practices and, if so, to what extent.However, the final decision regarding civil penalties and remedies, including the public nuisance charge, will rest with the judge. New Mexico’s Unfair Practices Act allows for penalties of $5,000 per violation, but the method for calculating these violations remains unclear.
“The reason the damage potential is so great here is because of how Facebook works,” explained Mollie McGraw,a Las cruces-based plaintiff’s attorney. “Meta keeps track of everyone who sees a post.… The damages here could be significant.”
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