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A New Mexico judge expressed concerns that proposed safety changes for Instagram and Facebook may exceed judicial authority in an ongoing trial. The state seeks extensive reforms and up to $3.7 billion in penalties after a jury found Meta failed to protect children. Meta argues the demands are impractical and has threatened to block access in the state.
RapplerA New Mexico jury last month found that Meta violated state consumer protection law by misrepresenting the safety of its Instagram and Facebook platforms for young users and ordered the company to pay $375 million in damages. The second phase of the trial began Monday to determine appropriate remedies after the jury concluded Meta's platforms enabled sexual predation on children.
State Attorney General Raúl Torrez is seeking court-ordered changes that include effective age verification, safer recommendation algorithms, limits on encrypted messaging for minors, warning labels on risks, an independent oversight committee, and a 99% detection rate for new child sexual abuse material.
According to court filings and statements from Torrez, the remedies are intended to address proven harms under the state's public-nuisance law. The state also seeks up to $3.7 billion in additional penalties. Torrez said in a statement ahead of the trial: "The changes we’re seeking are reasonable, achievable, and supported by child safety and technology experts."
U.S. District Judge Matthew L. Garcia, who is presiding over the bench trial on remedies, said his role is not to act as a legislator or regulator. He warned that some of the state's proposed fixes might go too far as the court considers whether Meta's failings constitute a public nuisance that could allow for court-ordered remedies.
Meta has argued the demands are technically impractical and impossible to meet. The company has said it could cut off access to Instagram and Facebook in New Mexico if the features are mandated. A Meta spokesperson said the proposals disregard internet realities. Torrez dismissed the threat as a PR stunt.
The jury's March verdict followed testimony that included statements from Meta CEO Mark Zuckerberg in the initial phase of the case. New Mexico's lawsuit alleged Meta misrepresented platform safety, leading to the consumer protection violation ruling. The trial is testing claims of harm to young users' mental health from the platforms.
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