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A US appeals court has ruled that lawsuits accusing Meta Platforms, Google and TikTok, along with other social media companies, of designing addictive platforms can proceed, particularly over claims involving younger users.

The US Court of Appeals for the Ninth Circuit, based in San Francisco, rejected the companies’ attempt to overturn a lower court’s ruling allowing more than 3,000 lawsuits to move forward in federal court.

The Ninth Circuit found that the companies had appealed too early, since such challenges typically only follow a final ruling or verdict, not while the case is still ongoing.

The suits have been filed by several US school districts, municipalities, states and individuals, who claim the platforms have intentionally hooked younger users, contributing to soaring rates of anxiety, depression and body-image issues.

The companies, including Snapchat, TikTok, Meta and Google, argued that Section 230 of the Communications Decency Act of 1996 shields them from lawsuits claiming they failed to adequately warn the public about the potentially addictive nature of their platforms.

The law generally protects digital companies from liability over content that their users choose to post.

While most appeals arrive only after a case has concluded with a verdict, Meta argued that Section 230 granted it wider immunity and should have allowed it to appeal the lower court’s decision immediately.

The Ninth Circuit disagreed, ruling that the law offers a defence to liability, not blanket immunity from being sued, meaning the appeal remained premature.

Social media concerns

Social media companies including Instagram, Facebook, Snapchat and TikTok have already faced fierce criticism worldwide for not doing enough to stop the spread of harmful content on their platforms, on top of concerns over addictive designs.

This is especially pressing given the high number of young users on these platforms, which has contributed to a widespread mental health crisis among younger Americans in recent years.

Central to the concerns are dopamine-driven features such as infinite scroll, autoplay, round-the-clock push notifications and daily streaks, which campaigners say drive rising rates of eating disorders, body dysmorphia, teen suicide, anxiety and depression.

Child safety and exploitation are another major factor. Separate lawsuits allege that features such as Snapchat’s “Quick Add” friend-recommendation tool have made it easier for adult predators to connect with underage users.

Meta, which owns Instagram and Facebook, already faces close to $942 million (€816m) in combined penalties in New Mexico.

A jury ordered the company to pay $375 million (€325m) in March after finding it violated the state’s Unfair Practices Act, and a judge ordered a further $567 million (€491m) into a youth mental health abatement fund in August, after ruling that Meta’s platforms constituted a public nuisance.

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