The state of New Mexico has filed a lawsuit accusing Meta Platforms of exposing children and teenagers to sexual exploitation on its platforms and making money off of it.
This is the first case of its sort against the social media giant to reach a jury, and it is scheduled to go to trial next week.
Raúl Torrez, the Democratic attorney general of New Mexico, filed the complaint, claiming that the company’s Facebook, Instagram, and WhatsApp platforms encouraged the sexual exploitation of children and promoted unlawful content.
The lawsuit claims Meta enabled predators unrestricted access to underage users and connected them with victims, often leading to real-world abuse and human trafficking.
The trial is scheduled to start on Monday in Santa Fe District Court with jury selection. It is anticipated to last seven or eight weeks.
The accusations are refuted by Meta, which claims to have strong security measures in place to keep younger users safe.
UNDERCOVER OPERATION
The case originated from an undercover operation known as “Operation MetaPhile,” which was conducted in 2023 by former prosecutor Torrez and his office.
Investigators made accounts on Facebook and Instagram pretending to be users under the age of 14 as part of that endeavor.
According to Torrez’s office, three people were charged with crimes after the accounts received sexually explicit material and were contacted by adults looking for similar content.
Additionally, despite proof that Meta’s platforms were detrimental to children’s mental health, the state accuses Meta of structuring them to maximize interaction.
According to the lawsuit, features like infinite scroll and auto-play videos keep children on the website and encourage addictive behavior that may result in anxiety, depression, and self-harm.
The case claims that internal corporate records recognized the issues of sexual exploitation and negative effects on mental health.
However, the state claims that the corporation misrepresented the safety of utilizing its services and failed to implement fundamental safety measures like age verification.
In addition to monetary damages, the state is requesting an order compelling Meta to make adjustments to enhance children’s safety when using the platforms.
Prior to the trial, a Meta representative described New Mexico’s claims as “sensationalist, irrelevant, and distracting” and claimed they were based on selectively chosen documents.
For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most,” the spokesperson said.
“We’re constantly striving to do better, and we’re proud of the progress we’ve made.”
Meta has argued that the company is shielded from liability in the case 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 state’s allegations of harms cannot be separated from the content on the platforms, because their algorithms and design features serve to publish content, the company has said.
Before the trial, a representative for the New Mexico Department of Justice stated that the agency was eager to present the case in court because it would enable it “to present the jury with documents and testimony gathered over more than two years of litigation.”
SAFETY RECORD UNDER FIRE
Due in part to whistleblower testimony before Congress in 2021, which claimed the company knew its products could be harmful but chose not to take action, Meta has come under increasing scrutiny in recent years regarding the safety of child and teen users.
Last year, an internal policy document allowed the company’s chatbots to “engage a child in conversations that are romantic or sensual.”
Meta confirmed the document’s authenticity, but said it removed language permitting flirtation and romantic role-play with minors.
The report prompted lawmakers to seek data on the platforms’ impact on children and the effectiveness of their parental controls. Evidence about the company’s AI chatbots is expected to be presented at the trial.
Thousands of lawsuits have also been filed against Meta and other social media firms, alleging that they purposefully made their products addictive for young people, causing a national mental health problem.
According to Meta’s filings with banking authorities, some of the cases, which have been brought in state and federal courts, demand damages in the tens of billions of dollars.
In addition to refuting those allegations, Meta has maintained that Section 230 protects it from liability in those situations.
The corporation claims that in an effort to increase safety, it has taken several actions that have decreased youth development and involvement.
Earlier this week, the first trial in those cases began in Los Angeles. After TikTok and Snap reached settlements with the plaintiff, Alphabet’s Google and Meta are the only defendants left in that case.
