This landmark ruling follows a nearly seven-week trial. Jurors aligned with state prosecutors, who contended that Meta — the parent company of Instagram, Facebook, and WhatsApp — prioritized profits over the safety of its users. The jury found that Meta breached sections of the state’s Unfair Practices Act by allegedly concealing what it knew about the risks of child sexual exploitation on its platforms and its effects on children’s mental well-being.
The jury agreed with claims that Meta made false or misleading representations and concurred that the company engaged in “unconscionable” trade practices that took undue advantage of children’s vulnerabilities and inexperience.
Jurors identified thousands of violations, each contributing to a potential penalty of $375 million.
Meta’s attorneys stated that the company informs users of risks and strives to eliminate harmful content, albeit acknowledging that some inappropriate material occasionally bypasses its safety measures.
The New Mexico case marks one of the first to go to trial amidst a surge of lawsuits concerning social media platforms and their impact on youth.
Beginning on February 9, this trial is among the initial cases in a wave of litigation against Meta, coinciding with increased calls from school districts and lawmakers for stricter regulations on smartphone usage in educational settings.
In a related federal court case in California, a jury has been secluded for over a week as they deliberate whether Meta and YouTube should bear responsibility for harm caused to children using their services, part of a trio of significant cases that could influence numerous similar lawsuits.
Over 40 state attorneys general have also launched lawsuits against Meta, asserting that its platform contributes to a mental health crisis among youth by intentionally designing Instagram and Facebook features to be addictive.
The case from New Mexico was built on a state undercover investigation in which agents created social media accounts mimicking children to document sexual solicitations and Meta’s responses.
The lawsuit, initiated in 2023 by New Mexico Attorney General Raúl Torrez, further claims that Meta has not adequately disclosed or tackled the risks associated with social media addiction. While Meta disputes the existence of social media addiction, executives at the trial acknowledged “problematic use,” stating they wish for users to have a positive experience on their platforms.
“Evidence indicates that Meta invests in safety not just for ethical reasons but also because it is beneficial for business,” Meta attorney Kevin Huff stated to jurors during closing arguments. “Meta designs its applications to facilitate connections among friends and family, not to bring predators together.”
Under Section 230 of the U.S. Communications Decency Act, tech companies have enjoyed protection from liability for content shared on their platforms, along with a shield from the First Amendment.
New Mexico prosecutors argue that Meta should still be accountable for its part in disseminating harmful content through complex algorithms that spread detrimental material to children.
“We recognize that the goal is to increase engagement and time spent by kids,” prosecution attorney Linda Singer remarked. “The choice Meta made has serious negative consequences for children.”
A potential second phase of the trial, expected in May and to be overseen by a judge without a jury, would evaluate whether Meta is responsible for creating a public nuisance, which may lead to mandates for changes in operations and the imposition of financial remedies.
The New Mexico trial scrutinized numerous internal communications and reports from Meta concerning child safety. Jurors were also presented with testimony from Meta executives, engineers, whistleblowers who departed the company, psychiatric specialists, and technology safety advisors.
Additionally, testimony from local public school educators highlighted challenges linked to social media, including sextortion schemes targeting youth.
“This case addresses how one of the largest tech corporations in the world is exploiting teenagers in New Mexico,” state Chief Deputy Attorney General James Grayson said to the jury in closing statements.
The jury was composed of residents from Santa Fe County, including participants from the politically progressive capital city.
In reaching their verdict, jurors evaluated whether social media users were misled by specific statements regarding platform safety made by Meta CEO Mark Zuckerberg, Instagram head Adam Mosseri, and Meta’s global head of safety, Antigone Davis.
During deliberations, the jury utilized a checklist detailing allegations against Meta, focusing on its failure to disclose knowledge regarding its enforcement of the user age restriction below 13, the prevalence of social media content related to teen suicide, and the influence of Meta’s algorithms in favoring sensational or harmful content.
