In a significant development, New Mexico is poised to commence a high-profile trial against social media giant Meta. The trial, which begins with jury selection on Monday, represents the first standalone legal battle led by state prosecutors against the company.
The case stems from an undercover investigation conducted by New Mexico, wherein proxy social media accounts were created to pose as children. This operation aimed to document sexual solicitations and Meta’s subsequent responses. The trial could potentially set a precedent for states seeking legal recourse against social media platforms for their impact on children, leveraging consumer protection and nuisance laws.
Attorney General Raúl Torrez initiated the lawsuit in 2023, accusing Meta of fostering an environment that enables predators to target children and failing to adequately address the harmful effects of its platforms.
“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,” noted Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law.
Opening statements for the trial are set for February 9, with proceedings expected to last nearly two months.
New Mexico’s Legal Strategy
Prosecutors assert that the case is not about holding Meta accountable for its platform content but rather its role in promoting such content via algorithms that may be harmful and addictive to children. This strategy could potentially bypass the immunity provided under the First Amendment and Section 230 of the U.S. Communications Decency Act.
The state conducted an investigation using decoy accounts for minors, documenting online sexual solicitations and Meta’s responses. The findings suggest that Meta prioritizes profit over child safety, prompting Torrez to demand improvements in age verification and algorithm modifications, as well as reconsideration of privacy encryption that limits communication monitoring.
Meta’s Defense
Meta has refuted the allegations, accusing the attorney general of presenting misleading arguments. The company insists that its platforms are unfairly blamed for teen mental health issues, pointing to its ongoing efforts to enhance account settings and safety features.
Goldman highlighted Meta’s substantial legal resources, stating, “If they lose this, it becomes another beachhead that might erode their basic business.”
Wider Legal Context
Over 40 state attorneys general have filed lawsuits against Meta, alleging its role in exacerbating youth mental health crises. A parallel case in California involves a 19-year-old claiming early exposure to social media worsened her mental health.
In addition to Meta, New Mexico has filed a lawsuit against Snap Inc. for allegedly facilitating child exploitation, though a trial date remains unspecified.
Jury and Judicial Decisions
A jury from Santa Fe County will determine whether Meta’s business practices were unfair, while a judge will later decide on potential civil penalties and the public nuisance charge. Under the state’s Unfair Practices Act, penalties could reach $5,000 per violation, with the potential for substantial damages due to Meta’s data tracking capabilities.
“The reason the damage potential is so great here is because of how Facebook works,” explained Mollie McGraw, a Las Cruces-based plaintiff’s attorney. “Meta keeps track of everyone who sees a post. … The damages here could be significant.”
