Santa fe: The first stand-alone trial initiated by state prosecutors in a series of lawsuits against Meta is set to commence in New Mexico, with jury selection beginning on Monday. The case stems from a state-conducted undercover investigation that employed proxy social media accounts, posing as children, to document instances of sexual solicitations and examine Meta's subsequent responses. Meta, the parent company of Facebook, Instagram, and WhatsApp, may face a significant legal challenge as the case could open new avenues for states to hold social media companies accountable for their platforms' impact on children, utilizing consumer protection and nuisance laws.
According to United News of Bangladesh, the lawsuit was filed by Attorney General Raºl Torrez in 2023. It accuses Meta of creating a marketplace and 'breeding ground' for predators targeting children for sexual exploitation and failing to disclose its awareness of these harmful effects. Legal experts suggest that a victory for New Mexico could have widespread implications, as regulators worldwide are exploring legal theories to impose restrictions on social media companies. Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law, noted, "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. Whatever the jury says will be of substantial interest."
The trial, slated to begin with opening statements on February 9, is anticipated to last nearly two months. Meta has refuted the civil allegations, criticizing the prosecutors for adopting a 'sensationalist' approach. Although CEO Mark Zuckerberg was excluded as a defendant, he has been deposed, and case documents contain references to him.
The New Mexico lawsuit focuses on claims that Meta's algorithms promote harmful and addictive content to children rather than concentrating on user-generated posts. Prosecutors argue that this strategy could circumvent long-established legal protections under the First Amendment and Section 230 of the Communications Decency Act. The state's undercover investigation utilized decoy accounts posing as minors to record sexual solicitations and observe Meta's response. Prosecutors assert that the company has prioritized profits over child safety.
Goldman highlighted that Meta is deploying substantial legal resources in New Mexico and other locations. "If they lose this," he said, "it becomes another beachhead that might erode their basic business."