New Mexico Sues Meta Over Child Predator Facilitation

A pivotal legal battle now unfolding in a New Mexico courtroom centers on whether Meta knowingly misled the public about the safety of its platforms, Facebook and Instagram, while internal research allegedly painted a very different picture. The state’s attorney general opened its case by arguing that the company prioritized profits and free expression over protecting young users, even as its own executives understood the risks. In response, Meta’s legal team contends the company has been transparent about the challenges of moderating content and has not deceived anyone.

During opening statements, the state’s attorney, Don Migliori, presented a series of slides designed to contrast public assurances from executives like Mark Zuckerberg with internal estimates and communications. One slide highlighted a statement that children under 13 are not permitted on Instagram, while another displayed internal data suggesting millions of underage accounts were active. The state also referenced a 2018 email from Zuckerberg, which they claim shows he viewed safety as a “counterbalance” rather than the main priority, finding it “untenable to subordinate free expression” to a “Safety First” mandate.

This trial is one of two major proceedings examining social media company liability that began this week. A separate case in Los Angeles involves allegations that Meta and YouTube designed addictive products that harm mental health. The New Mexico suit, however, includes a unique element: an undercover investigation by the state. Prosecutors stated that decoy accounts created by the Attorney General’s office led to the arrest of three suspected child predators who were allegedly soliciting minors on Meta’s platforms.

Meta’s attorney, Kevin Huff, urged the jury not to be swayed by emotional arguments, stating the case is not about the mere existence of harmful content but about whether Meta told the truth. He emphasized that the company discloses potential risks and works to mitigate them, arguing that what some call social media “addiction” is not comparable to substance dependency. “Facebook is not like fentanyl,” Huff told jurors. “No one is going to overdose on Facebook. Scientific studies say that people don’t get withdrawal symptoms when they stop using Facebook like you would if you stopped using fentanyl.”

The state plans to call former Meta employees as witnesses, including individuals who have previously testified before Congress about the company’s practices. Meta previewed its intent to challenge the credibility of these witnesses during cross-examination. The first person to take the stand was an assistant principal who testified about student behavioral issues linked to social media use.

Tensions between Meta and the New Mexico Attorney General’s office have spilled into public view. A Meta spokesperson recently accused Attorney General Raúl Torrez of using the lawsuit for political gain and criticized the investigation’s methods, alleging the state used images of real children without consent for decoy accounts and employed compromised “aged” accounts that could taint evidence. In a sharp rebuttal, a spokesperson for the state’s Department of Justice accused Meta of deflecting attention from the core allegations. “Instead of making its products safer, Meta is spending its time and resources falsely smearing law enforcement officials who put child predators behind bars,” the statement read. The state maintains its lawsuit reveals years of deception by Meta regarding platform dangers, and looks forward to presenting its evidence to the jury.

(Source: The Verge)