Mark Zuckerberg’s Meta is heading to trial in New Mexico over allegations that it failed to protect children from sexual exploitation and misrepresented the safety of its platforms.
Opening statements are set to begin on Monday, 9 February, in what will be the first stand-alone trial brought by a state prosecutor against a major social media company over harm to children.
The case, filed in 2023 by New Mexico Attorney General Raul Torrez, centres on Facebook, Instagram and WhatsApp.
Undercover accounts and exploitation allegations
Investigators built the case by creating undercover accounts posing as minors and documenting sexual solicitations received as well as Meta’s responses.
“Meta knowingly exposes children to the twin dangers of sexual exploitation and mental health harm,” the lawsuit states. “Meta’s motive for doing so is profit.”
Prosecutors argue that Meta’s algorithms and account features encouraged compulsive use among young people while creating what they describe as a “breeding ground” for predators. They allege the company failed to disclose what it knew about harmful effects, violating state consumer protection laws and creating a public nuisance.
An attorney for the state warned jurors there would be “very sensitive and very explicit material discussed in terms of safety to children” during the trial.
How has Meta responded to the allegations?
Meta denies the allegations and says the state is distorting the evidence. The company has accused prosecutors of cherry-picking documents to make “sensationalist” arguments and described the investigation as “ethically compromised.”
“For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most,” the company said in a statement. “We’re proud of the progress we’ve made.”
Meta also says that it has introduced extensive safeguards for teens, including stricter default settings, content restrictions and tools that provide more information about who young users are messaging.
More than 40 state attorneys general have filed lawsuits against Meta, claiming it is deliberately designing features that addict children to its platforms. The majority filed their lawsuits in federal court, and New Mexico’s case against Meta is the first to reach trial.
From exploitation claims to addiction lawsuits
As the New Mexico proceedings begin, Meta is also facing claims in Los Angeles County Superior Court alongside Google’s YouTube in a separate case focused on alleged social media addiction.
The lawsuit was mounted by a 19-year-old identified only by the initials “KGM,” who claims her use of Meta’s Instagram, ByteDance’s TikTok, and Google’s YouTube at an early age led to exacerbated depression and suicidal thoughts.
TikTok reportedly settled the case with KGM hours before jury selection was supposed to start, according to US media reports. The value of the settlement was not disclosed.
“Borrowing heavily from the behavioural and neurobiological techniques used by slot machines and exploited by the cigarette industry, Defendants deliberately embedded in their products an array of design features aimed at maximising youth engagement to drive advertising revenue,” the lawsuit says.
“Plaintiffs are not merely the collateral damage of Defendants’ products,” the lawsuit says. “They are the direct victims of the intentional product design choices made by each Defendant. They are the intended targets of the harmful features that pushed them into self-destructive feedback loops.”
Meta disputes the claims. “Recently, a number of lawsuits have attempted to place the blame for teen mental health struggles squarely on social media companies,” Meta said in a recent blog post.
“But this oversimplifies a serious issue. Clinicians and researchers find that mental health is a deeply complex and multifaceted issue, and trends regarding teens’ well-being aren’t clear-cut or universal.
“Narrowing the challenges faced by teens to a single factor ignores the scientific research and the many stressors impacting young people today, like academic pressure, school safety, socio-economic challenges and substance abuse.”
A Meta spokesperson said in a recent statement that the company strongly disagrees with the allegations outlined in the lawsuit and that it’s “confident the evidence will show our longstanding commitment to supporting young people.”
José Castañeda, a Google Spokesperson, said that the allegations against YouTube are “simply not true.”
In a statement, he said, “Providing young people with a safer, healthier experience has always been core to our work.”