March 24 (Reuters) - A New Mexico jury on Tuesday found
Meta Platforms ( META ) violated state law in a lawsuit brought
by the state attorney general, who accused the company of
misleading users about the safety of Facebook, Instagram and
WhatsApp and of enabling child sexual exploitation on those
platforms.
The jury found that Meta violated New Mexico's consumer
protection law and ordered the company to pay $375 million in
civil penalties.
The jury's decision capped a six-week trial and marked the first
jury verdict on these claims against the social media company,
as it faces a broader challenge over how its platforms affect
young people's mental health.
New Mexico Attorney General Raúl Torrez, a Democrat, accused
the company of allowing predators unfettered access to underage
users and connecting them with victims, often leading to
real-world abuse and human trafficking.
Meta had denied the allegations, saying it has extensive
safeguards in place to protect younger users.
Meta has come under increasing scrutiny in recent years over
its handling of child and teen safety, spurred in part by
whistleblower testimony before Congress in 2021 that alleged the
company knew its products could be harmful but refused to act.
Separately, Meta is facing thousands of lawsuits accusing it
and other social media companies of intentionally designing
their products to be addictive to young people, leading to a
nationwide mental health crisis. Some of the lawsuits, which
have been filed in both state and federal courts, seek damages
in the tens of billions of dollars, according to Meta's filings
with financial regulators.
Meta has argued the company is shielded from liability in
both the addiction and the New Mexico lawsuits by the
free-speech protections of the U.S. Constitution's First
Amendment and Section 230 of the Communications Decency Act,
which generally bars lawsuits against websites over
user-generated content. The company has said the state's
allegations of harm cannot be separated from the content on the
platforms, because its algorithms and design features serve to
publish content.
The New Mexico lawsuit grew out of an undercover operation,
which Torrez, a former prosecutor, and his office ran in 2023.
As part of the case, investigators created accounts on Facebook
and Instagram posing as users younger than 14. The accounts
received sexually explicit material and were contacted by adults
seeking similar content, leading to criminal charges against
multiple individuals, according to Torrez's office.
The state claims Meta told the public Instagram, Facebook
and WhatsApp are safe for New Mexico teens and children, while
hiding the truth about how much dangerous and harmful content
the company hosts. According to the state, internal company
documents acknowledged problems with sexual exploitation and
mental health harm. Yet the company, the state says, did not
institute basic safety tools such as age verification and
insisted it was safe.
The state also accused Meta of designing its platforms to
maximize engagement despite evidence they were harming
children's mental health. Features such as infinite scroll and
auto-play videos keep kids on the site, fostering addictive
behavior that can lead to depression, anxiety and self-harm, the
lawsuit claims.
New Mexico's lawsuit sought monetary damages, as well as an
order directing Meta to make changes to improve children's
safety while using the platforms.
"Over the course of a decade, Meta has failed over and over
again to act honestly and transparently," Linda Singer, an
attorney for the state, told the jury during closing arguments
on Monday. "It's failed to act to protect young people in this
state. It is up to you to finish this job."
Singer told the jury it could award more than $2 billion in
damages.
Reuters viewed the trial on Courtroom View Network.
Meta has argued it has been transparent about the fact that
it cannot catch all the harmful content on its platforms.
"What the evidence shows is Meta's robust disclosures and
tireless efforts to prevent harmful content. And these
disclosures mean that Meta did not knowingly and intentionally
lie to the public," Kevin Huff, an attorney for Meta, told the
jury during closing arguments.
In May, Judge Bryan Biedscheid, the judge who oversaw the
trial, is slated to hold a bench trial on the state's claims
that Meta created a public nuisance that harmed state residents'
health and safety. The state will ask Biedscheid to direct Meta
to make changes to its platforms to bring them in line with
state law.