Undercover investigation of Meta heads to trial in New Mexico in first stand-alone case by state

New Mexico Launches Landmark Trial Against Meta Over Child Safety Concerns

Jury selection began Monday in Santa Fe as New Mexico initiates a pivotal legal battle against Meta Platforms, marking the first stand-alone trial from state prosecutors in a wave of lawsuits targeting the social media giant.

The case stems from an undercover state investigation that used decoy social media accounts posing as children to document sexual solicitation attempts and Meta’s subsequent responses. Attorney General Raúl Torrez filed the lawsuit in 2023, accusing the company of creating a “breeding ground” for predators targeting children and failing to disclose its knowledge of these harmful effects.

“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,” said Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University School of Law.

The trial, which could last nearly two months, is scheduled for opening statements on February 9. Meta, which owns Facebook, Instagram, and WhatsApp, has denied the civil charges and accused prosecutors of taking a “sensationalist” approach. While CEO Mark Zuckerberg was dropped as a defendant, he has been deposed, and documents bearing his name remain part of the case.

New Mexico’s legal strategy focuses not on the content itself but on Meta’s algorithmic distribution of potentially harmful material. Prosecutors argue the company’s algorithms proliferate addictive and harmful content to children, an approach that could circumvent traditional immunity shields like Section 230 of the Communications Decency Act, which has historically protected tech companies from liability for user-posted content.

The state’s investigation created several decoy accounts for minors under 14, documented incoming sexual solicitations, and monitored Meta’s responses when these incidents were reported. According to the state, Meta consistently prioritized profits over children’s safety.

Torrez, a Democrat elected in 2022, has called for improved age verification, removal of predators from the platform, algorithmic changes, and has criticized end-to-end encryption that can shield communications with children from safety monitoring. Beyond this civil case, his office has brought criminal charges against three men for child solicitation, also using decoy accounts.

Meta has vigorously contested the allegations, claiming the state cherry-picked documents to make “sensationalist, irrelevant and distracting arguments.” In public statements, the company has argued that nationwide lawsuits oversimplify the complex issue of teen mental health by placing undue blame on social media platforms. Meta highlights its ongoing safety improvements, including features that provide teens more information about chat partners and content restrictions based on PG-13 movie ratings.

“If they lose this,” Goldman noted regarding Meta’s substantial legal resources dedicated to the case, “it becomes another beachhead that might erode their basic business.”

This trial represents just one front in a broader legal assault on social media companies. More than 40 state attorneys general have filed lawsuits against Meta, alleging its platforms harm young people and contribute to the youth mental health crisis through deliberately addictive design features. Most of these cases are pending in federal court.

Simultaneously, a bellwether trial in California is addressing claims from a 19-year-old who alleges social media use from an early age led to technology addiction and worsened her depression and suicidal thoughts. That case includes Meta’s Instagram and Google’s YouTube, while TikTok and Snapchat’s parent company have already settled.

In New Mexico, prosecutors have also sued Snap Inc. over similar allegations regarding child exploitation, though no trial date has been set. Snap maintains its platform includes built-in safety features and design choices to protect minors from strangers.

The Santa Fe County jury will determine if Meta engaged in unfair business practices, but the judge will ultimately decide on civil penalties and other remedies, including ruling on the public nuisance charge. Under New Mexico’s Unfair Practices Act, penalties could reach $5,000 per violation – with the potential for significant damages depending on how violations are counted.

“The damages here could be significant,” said Las Cruces-based plaintiff’s attorney Mollie McGraw, noting Meta’s tracking of post viewers could multiply the number of violations.

The outcome of this pioneering case could establish a new precedent for holding social media companies accountable for the safety of their youngest users, potentially reshaping the digital landscape for years to come.