Meta awaits verdict in New Mexico child safety trial

The state of New Mexico is seeking billions of dollars in penalties in one of two major US cases against the company now in jury hands.

A separate jury in California is weighing whether Meta and YouTube should be held liable for harms caused to children on their platforms, including by making them addictive.

That case is considered a bellwether that could influence the outcome of thousands of similar lawsuits against social media companies across the United States.

The New Mexico jury began its work following closing arguments and a six-week trial involving testimony from 40 witnesses, including employees turned whistle-blowers, and hundreds of documents, reports and emails.

New Mexico Attorney General Raul Torrez filed suit in 2023 against Meta — parent company of Facebook, Instagram and WhatsApp — and CEO Mark Zuckerberg, alleging the company failed to protect children from sexual abuse, online solicitation and human trafficking.

Prosecution attorney Linda Singer told jurors in closing arguments that Meta's algorithms had directed adults toward content posted by teenage users while the company concealed internal findings about the risks to young people.

"Meta failed to explain that the algorithm was designed to maximize teen time spent on the platform," Singer said, according to the Albuquerque Journal. "Meta didn't disclose the likelihood that the algorithm would introduce predators to teens, that it would recommend such sensational and harmful content."

A Meta spokesperson said the state's case was "sensationalist" and based on "cherry-picked" documents. "The State failed to prove its case," the spokesperson said. "We're focused on demonstrating our longstanding commitment to supporting young people."

The state is seeking the maximum civil penalty of $5,000 for each of an estimated 221,000 New Mexico teenagers it says use Facebook and Instagram, a figure that is contested by Meta.

New Mexico's attorneys must prove Meta violated the state's Unfair Practices Act by misleading residents about the safety of its products for children.

The case, tried before First Judicial District Court Judge Bryan Biedscheid, is among the first involving social media platforms and child safety to reach a jury.

A second phase of proceedings in New Mexico is scheduled for May, when a judge will hear the state's claim that Meta created a public nuisance and should fund programs to address alleged harms to children.