Meta faces New Mexico trial tied to platform safety lapses

A landmark legal battle against Meta kicked off Monday in New Mexico, where the social media giant stands accused of turning its platforms into hunting grounds for predators targeting children.

Jury selection began this week in Santa Fe, marking the first independent trial by state officials in a growing wave of legal action against the company for Feb. 9, with proceedings expected to stretch nearly two months.

State builds case on undercover investigation

State Attorney General Raúl Torrez brought the lawsuit in 2023 after investigators went undercover, setting up fake accounts pretending to be minors. The operation documented various advances directed at these accounts and tracked how Meta handled reports of inappropriate behavior. According to Torrez, the company put profits before protecting young users. The accusations center on Meta allegedly building a space where adults seeking to exploit children can operate, while hiding what the company understood about these dangers.

“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,” Eric Goldman said. Goldman works as co-director of the High Tech Law Institute at Santa Clara University School of Law. “Whatever the jury says will be of substantial interest.”

Meta has pushed back hard against these claims, calling the state’s case “sensationalist” and arguing officials are cherry-picking documents. Though CEO Mark Zuckerberg is no longer named as a defendant, he sat for a deposition and court filings reference him.

A different legal strategy

New Mexico prosecutors say they are not holding Meta responsible for what users post. Instead, they point to the company’s algorithms, claiming these systems spread material that hooks kids and causes harm.

This approach might get around legal shields that typically protect social media companies. Section 230, a part of the Communications Decency Act, has historically prevented tech firms from being held liable for user-posted content. The undercover work involved creating multiple accounts for supposed children aged 14 and under. Investigators watched as various advances, then monitored what Meta did when alerted.

Torrez has pushed Meta to use better age verification systems and kick bad actors off the platform. He also wants changes to algorithms that can deliver harmful content and has criticized privacy encryption that makes it harder to monitor conversations with minors. In a related move, Torrez filed felony criminal charges against three men in 2024 for electronically soliciting children.

Meta released a statement saying lawsuits across the country wrongly blame social media for teen mental health problems. The company highlighted new account settings and safety tools, including features that give teenagers more information about who they are chatting with. Goldman noted Meta is throwing massive resources into courtroom fights this year. “If they lose this,” he said, “it becomes another beachhead that might erode their basic business.”

More than 40 states have filed similar lawsuits

More than 40 state attorneys general have sued Meta with claims the company harms young people and fuels a youth mental health crisis by intentionally creating features that get children addicted to its platforms. Most of these lawsuits landed in federal court.

A separate trial is happening this week in California. That case in Los Angeles County Superior Court involves personal injury claims and could shape how thousands of similar lawsuits proceed. A 19-year-old woman claims early social media use got her hooked on technology and made her depression and suicidal thoughts worse. The case initially included Meta’s Instagram, Google’s YouTube, TikTok and Snapchat, though TikTok and Snap Inc. settled.

New Mexico also sued Snap Inc., alleging its platform enables child exploitation. Snap says it built safety protections and “deliberate design choices to make it difficult for strangers to discover minors.”

A jury drawn from Santa Fe County residents will decide if Meta engaged in unfair business practices and to what degree. However, a judge will make the final call on civil penalties and other consequences. Under the state’s Unfair Practices Act, penalties reach $5,000 per violation, though how violations will be counted.

“The reason the damage potential is so great here is because of how Facebook works,” said Mollie McGraw, a plaintiff’s attorney based in Las Cruces. “Meta keeps track of everyone who sees a post. …The damages here could be significant.“

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