New Mexico’s case relied on a state undercover investigation where agents created social media accounts posing as children to document sexual solicitations and Meta’s response.
The lawsuit, filed in 2023 by New Mexico Attorney General Raúl Torrez, also says Meta hasn’t fully disclosed or addressed the dangers of social media addiction. Meta hasn’t agreed that social media addiction exists, but executives at trial acknowledged “problematic use” and say they want people to feel good about the time they spend on Meta’s platforms.
“Evidence shows not only that Meta invests in safety because it’s the right thing to do but because it is good for business,” Meta attorney Kevin Huff told jurors in closing arguments. “Meta designs its apps to help people connect with friends and family, not to try to connect predators.”
Tech companies have been protected from liability for material posted on their social media platforms under Section 230, a 30-year-old provision of the U.S. Communications Decency Act, as well as a First Amendment shield.
New Mexico prosecutors say Meta still should be responsible for its role in pushing out that content through complex algorithms that proliferate material that can be harmful for children.
“We know the output is meant to be engagement and time spent for kids,” prosecution attorney Linda Singer said. “That choice that Meta made has profound negative impacts on kids.”
What the New Mexico jury reviewed
The New Mexico trial examined a raft of Meta’s internal correspondence and reports related to child safety. Jurors also heard testimony from Meta executives, platform engineers, whistleblowers who left the company, psychiatric experts and tech-safety consultants.
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