New Mexico Prosecutors Seek Child Safety Changes to Meta Platforms in Trial's Second Phase

New Mexico state prosecutors are seeking modifications to Meta's social media platforms, including Instagram, Facebook, and WhatsApp, to address child safety concerns. The second phase of the trial, which begins with opening statements on Monday, will determine if these platforms constitute a public nuisance under state law.

The bench trial is expected to last three weeks. In the trial's first phase, a jury imposed $375 million in civil penalties on Meta after finding that the company knowingly harmed children's mental health and hid information about child sexual exploitation on its platforms.

Prosecutors now request changes such as redesigning algorithms to reduce emphasis on constant engagement, limiting features like infinite scroll and push notifications, and hiding like and share counts by default. They also seek improved age verification and measures to prevent child sexual exploitation.

Prosecutors propose requiring child accounts on Meta platforms to be linked to a parent or guardian, along with a court-supervised monitor to oversee safety improvements. Meta has stated it will appeal the jury's verdict and argued that complying with certain demands could lead to discontinuing Instagram and Facebook services in New Mexico.

The company maintains that it already enhances child safety and addresses compulsive use, and that the proposals are redundant. Meta argues that the state's mandates infringe on free speech protections and parental rights, affecting expression for all users in New Mexico.

The company notes that its platforms are being targeted among many apps used by teens, potentially leaving children exposed on less protected services. Free speech protections have historically shielded social media companies.

“The fact that we’re having a trial on nuisance is itself a remarkable outcome." — Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law (The Boston Globe). New Mexico Attorney General Raúl Torrez stated that the jury verdict challenges the liability protections for tech companies under Section 230 of the U.S. Communications Decency Act. A separate jury in Los Angeles found Meta and YouTube liable for harms to children. This case is the first to reach trial among lawsuits by over 40 state attorneys general alleging Meta's contribution to a youth mental health crisis, with most cases in federal court. Eric Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law, noted that age verification mandates may lack clear Supreme Court support. The first phase included six weeks of testimony from teachers, psychiatric experts, state investigators, Meta officials, and whistleblowers.”