A former insider’s testimony has placed Meta’s leadership decisions and the personal cost of Instagram abuse at the center of a closely watched trial.
A high-profile trial against Meta Platforms is underway in federal court in Oakland, California. Former company engineering director Arturo Behar testified that Mark Zuckerberg created a corporate culture in which child safety took a back seat to audience growth and user engagement on Facebook and Instagram.
Behar testified for a second day as the states’ first witness. California, Colorado, Kentucky, and New Jersey accuse Meta of creating mechanisms that keep young users on its platforms and, according to the plaintiffs, contribute to anxiety, depression, and suicides. Another 25 states have joined claims alleging the improper collection and use of personal data from children under the age of 13.
The trial began on August 18 and is expected to last six weeks. The jury is to issue an advisory verdict, while Judge Yvonne Gonzalez Rogers will make the final decision on Meta’s liability, possible civil penalties, and required changes to Facebook and Instagram.
Behar says Zuckerberg had decisive influence
According to Arturo Behar, Mark Zuckerberg was closely involved in key decisions at Meta. He maintains that the company’s hierarchical structure effectively made it impossible to introduce significant changes to product design without direction from the chief executive.
If Mark makes something a priority, mountains move within a few months.
– Arturo Behar
Behar also challenged statements Zuckerberg made in October 2021 following allegations by whistleblower Frances Haugen. At the time, Meta’s founder said the company constantly used research to improve its products. In response, Behar sent him an email outlining his concerns about child safety.
It is all so untrue, every part of it. Mark Zuckerberg simply cannot be trusted with children.
– Arturo Behar
Behar’s daughter’s experience on Instagram
Arturo Behar worked at Meta from 2009 to 2015. From 2019 to 2021, he was an independent contractor researching the well-being of teenagers who use Instagram. In 2023, he also testified before a U.S. Senate committee, stating that Meta knew about harassment and other risks facing teenagers on its platforms but failed to address them adequately.
During cross-examination, Meta attorney Brian Stekloff noted that Behar had not anticipated the problems his teenage daughter would face after creating an Instagram account. She still uses it.
Behar said his daughter wanted to create a space for women to discuss cars. However, she began receiving misogynistic comments, including remarks about her breasts. In 2021, when her father wrote to Zuckerberg about safety risks, she was 16 years old.
I watched how painful it was for her. She built a good audience, but at the cost of harm.
– Arturo Behar
At the same time, Behar acknowledged that Meta has hundreds of employees working on safety issues and considers many of them qualified. He also noted that during his second stint with the company, he did not work directly with Zuckerberg and, as an outside contractor, lacked access to some internal resources.
Lawsuits against Meta over harm to children
In his testimony, Behar said Meta placed user engagement and profits above safety. In particular, he criticized a tool that prompts users to take a break, calling it ineffective because the feature is not enabled by default and its reminders are easy to ignore.
According to him, Meta was well aware that most parents lack the time to thoroughly understand the company’s products and how their children use them. Behar argued that the company had technology capable of identifying potentially millions of users who may have been under 13, but chose a “don’t ask, don’t tell” approach because doing otherwise could have reduced profits over the long term.
After Behar concluded his testimony, jurors heard recorded testimony from Meta researcher Elena Davis. In her report, she stated that Facebook could be changed to make it less addictive and help people break unwanted habits of using the platform.
Meta is also a defendant in thousands of similar lawsuits over alleged harm to children. Behar has been a key witness in four cases against the company. One lawsuit filed by New Mexico resulted in an award of $942 million in damages and penalties, along with a requirement that Meta change how its platforms operate in that state.
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