Trial could change Meta apps and algorithms as New Mexico seeks safeguards on child safety

New Mexico prosecutors are pushing for significant changes to Meta’s social media platforms as the landmark trial against the tech giant enters its second phase. Opening statements begin Monday in the three-week bench trial to determine whether Meta’s platforms constitute a public nuisance under state law.

The trial follows a first phase in which jurors ordered Meta to pay $375 million in civil penalties after finding the company knowingly harmed children’s mental health and concealed information about child sexual exploitation on its platforms.

New Mexico Attorney General Raúl Torrez and his team are now asking a judge to mandate fundamental changes to Meta’s business practices, targeting the core features that prosecutors argue contribute to social media addiction and child safety concerns. These include redesigning recommendation algorithms that prioritize user engagement, eliminating features like “infinite scroll” and constant push notifications, and strengthening age verification systems.

“The fact that we’re having a trial on nuisance is itself a remarkable outcome,” said Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law. “That theory is not well accepted as applied to the internet, and that theory doesn’t really fit the internet.”

The case represents a potential turning point in how technology platforms are regulated. According to Torrez, the jury verdict has already weakened the shield of immunity tech companies have enjoyed under Section 230 of the U.S. Communications Decency Act, which has protected platforms from liability for user-generated content for nearly three decades.

State prosecutors are seeking multiple safeguards, including requiring child accounts to have an associated parent or guardian and appointing a court-supervised child safety monitor to track improvements. The suit also aims to implement default privacy settings designed to prevent exploitation of minors.

Meta has vowed to appeal the initial jury verdict and issued stark warnings about potential consequences if forced to comply with the state’s demands. Company representatives have suggested Meta might eliminate Instagram and Facebook services in New Mexico entirely if mandated to implement what they describe as impractical changes.

“The state’s proposed mandates infringe on parental rights and stifle free expression for all New Mexicans,” Meta stated last week, invoking free speech protections that have traditionally shielded social media companies.

The company plans to argue that many of the state’s demands are redundant with existing safety measures. Meta executives maintain they continuously improve child safety features and address concerns about compulsive use. They also contend their platforms are being unfairly singled out among hundreds of apps used by teenagers, potentially leaving children vulnerable on platforms with fewer protections.

This New Mexico case stands apart from dozens of similar lawsuits filed by state attorneys general across the country. Most other cases are pursuing remedies in federal court, giving this state-level proceeding outsized importance. Torrez believes the case has potential to “change the paradigm of how this company does business, but also how Big Tech generally is expected to do business going forward.”

Legal experts note the proceedings venture into uncertain territory. Goldman pointed out that court-ordered age verification mandates, for example, lack clear Supreme Court precedent. “In practice a court order saying that Facebook had to impose age authentication would have no Supreme Court textual support,” he said. “The Supreme Court might bless it. We don’t know.”

The initial phase of the trial featured six weeks of testimony from a diverse array of witnesses, including teachers, psychiatric experts, state investigators, Meta executives, and former employees who left the company over concerns about its practices.

The case coincides with mounting public scrutiny of social media’s impact on youth. A separate Los Angeles jury recently found both Meta and YouTube liable for harms to children, further validating longstanding concerns about the dangers social media platforms pose to young users.

As the trial unfolds over the next three weeks, its outcome could reshape how social media companies operate and establish new precedents for holding technology platforms accountable for their societal impacts.