SANTA FE, N.M. — A New Mexico jury decided Tuesday that Meta knowingly harmed children's mental health and concealed what it knew about child sexual exploitation on its social media platforms, a verdict that signals a changing tide against tech companies and the government's willingness to crack down.
The landmark decision comes after a nearly seven-week trial, and as jurors in a federal court in California have been sequestered in deliberations for more than a week about whether Meta and YouTube should be liable in a similar case.
New Mexico jurors sided with state prosecutors who argued that Meta — which owns Instagram, Facebook and WhatsApp — prioritized profits over safety.
The jury determined Meta violated parts of the state's Unfair Practices Act on accusations the company hid what it knew about about the dangers of child sexual exploitation on its platforms and impacts on child mental health.
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The jury agreed with allegations that Meta made false or misleading statements and also agreed Meta engaged in "unconscionable" trade practices that unfairly took advantage of the vulnerabilities of and inexperience of children.
Chief Judge Bryan Biedscheid talks with Linda Singer, an attorney representing the plaintiff, and attorney Kevin Huff, representing Meta, during the closing arguments Monday in state court in Santa Fe, N.M.
How much does Meta owe
Jurors found there were thousands of violations, each counting separately toward a penalty of $375 million. That's less than one-fifth of what prosecutors were seeking.
Meta is valued at about $1.5 trillion. The company's stock was up 5% in early after-hours trading following the verdict, a signal that shareholders shrugged off the news and its potential effects on the company's business.
The social media conglomerate won't be forced to change its practices right away. It will be up to a judge — not a jury — to determine whether Meta's social media platforms created a public nuisance and whether the company should pay for public programs to address the harms. That second phase of the trial will happen in May.
A Meta spokesperson said the company disagrees with the verdict and will appeal.
"We work hard to keep people safe on our platforms and are clear about the challenges of identifying and removing bad actors or harmful content," the spokesperson said. "We will continue to defend ourselves vigorously, and we remain confident in our record of protecting teens online."
Attorneys for Meta said the company discloses risks and makes efforts to weed out harmful content and experiences, while acknowledging that some bad material gets through its safety net.
Meta attorney Kevin Huff makes closing arguments Monday in state court in Santa Fe, N.M., in a trial where the social media conglomerate is accused of misleading its users about how safe its platforms are for children.
Other lawsuits against Meta over children's mental health
New Mexico's case was among the first to reach trial in a wave of litigation involving social media platforms and their impacts on children.
The trial that started Feb. 9. is one of the first in a torrent of lawsuits against Meta and comes as school districts and legislators want more restrictions on the use of smartphones in classrooms.
More than 40 state attorneys general filed lawsuits against Meta, claiming it's contributing to a mental health crisis among young people by deliberately designing Instagram and Facebook features that are addictive.
"Meta's house of cards is beginning to fall," said Sacha Haworth, executive director of watchdog group The Tech Oversight Project. "For years, it's been glaringly obvious that Meta has failed to stop sexual predators from turning online interactions into real world harm."
Haworth pointed to whistleblowers like Arturo Bejar, as well as unsealed documents and other evidence, saying it painted a damning picture.
New Mexico's case relied on a state undercover investigation where agents created social media accounts posing as children to document sexual solicitations and Meta's response.
The lawsuit, filed in 2023 by New Mexico Attorney General Raúl Torrez, also says Meta hasn't fully disclosed or addressed the dangers of social media addiction. Meta hasn't agreed that social media addiction exists, but executives at trial acknowledged "problematic use" and say they want people to feel good about the time they spend on Meta's platforms.
"Evidence shows not only that Meta invests in safety because it's the right thing to do but because it is good for business," Meta attorney Kevin Huff told jurors in closing arguments. "Meta designs its apps to help people connect with friends and family, not to try to connect predators."
Tech companies have been protected from liability for material posted on their social media platforms under Section 230, a 30-year-old provision of the U.S. Communications Decency Act, as well as a First Amendment shield.
New Mexico prosecutors say Meta still should be responsible for its role in pushing out that content through complex algorithms that proliferate material that can be harmful for children.
"We know the output is meant to be engagement and time spent for kids," prosecution attorney Linda Singer said. "That choice that Meta made has profound negative impacts on kids."
Linda Singer, an attorney representing the plaintiff, makes closing arguments, Monday in state court in Santa Fe, N.M.
What the New Mexico jury reviewed
The New Mexico trial examined a raft of Meta's internal correspondence and reports related to child safety. Jurors also heard testimony from Meta executives, platform engineers, whistleblowers who left the company, psychiatric experts and tech-safety consultants.
The jury also heard testimony from local public school educators who struggled with disruptions linked to social media, including sextortion schemes targeting children.
In reaching a verdict, the jury considered whether social media users were misled by specific statements about platform safety by Meta CEO Mark Zuckerberg, Instagram head Adam Mosseri and Meta global head of safety Antigone Davis.
A recording of Meta Founder and CEO Mark Zuckerberg's deposition is played for the jurors March 4 in Santa Fe, N.M.
In deliberations, the jury used a checklist of allegations from prosecutors that Meta failed to disclose what it knew about problems with enforcing its ban on users under 13, the prevalence of social media content about teen suicide, the role of Meta algorithms in prioritizing sensational or harmful content, and more.
Juror Linda Payton, 38, said the jury reached a compromise on the estimated number of teenagers affected by Meta's platforms, while opting for the maximum penalty per violation. With a maximum $5,000 penalty for each violation, she said she thought each child was worth the maximum amount.
ParentsSOS, a coalition of families who have lost children to harm caused by social media, called the verdict a "watershed moment."
"We parents who have experienced the unimaginable — the death of a child because of social media harms — applaud this rare and momentous milestone in the years-long fight to hold Big Tech accountable for the dangers their products pose to our kids," the group said in a statement.
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Associated Press writer Barbara Ortutay in San Francisco contributed to this report.
How to take a break from social media
Be easy on yourself and ask for help about social media use
"If you're reading this article, kudos to you for thinking about reevaluating social media," Agarwal said Trying to meet your goals is all about celebrating the small wins.
At the least, set small benchmarks for yourself like spending 10 minutes less on social media than the day before. The right amount of social media time is different for everyone since some people actually use these apps to brand and help market themselves. Find your own social media sweet spot, and remember, even if you scroll too much on social media one day, you can try and meet your goal tomorrow.
Another way to keep you on track is to share your goal with someone you trust. A friend or loved one who can kindly nudge you when they notice you've been on social media for awhile.
Helpful exercise to remind you what you're missing by scrolling
Scrolling through social media while hanging out with friends isn't uncommon nowadays, but when you think about how unengaged you are in those moments, it can put social media use into perspective.
Agarwal suggests the next time you're in a room with others at a family or friends gathering and you see yourself scrolling through social media instead of engaging with others, take a minute to physically remove yourself from the room and isolate in another room. Listen and feel how much you may be missing out on.
"What that does is it gives your brain a signal. If you force yourself to leave the room, you realize how much you're using that app and missing out on other people," Agarwal said. "It's a good physical reminder of being present in the moment and not on your on your phone and scrolling through social media."
Use your phone's screen-time tracking feature and limit social media use
Most smart phones nowadays track your screen-time and usage already. It's a good idea to figure out your average screen time per day so you have a benchmark that you can work on.
On iPhone, you can go into your "Screen Time" settings, which displays the amount of time you spend on each app and allows you to put timers on specific apps to limit how long you're on them. Android phones have similar features in the "Digital Wellbeing" settings. Additionally, Facebook, Instagram and TikTok offer the same features within the app settings themselves.
Physically distance yourself from your phone and apps
When you're at home and have free time, put your phone in a drawer or somewhere you can't see it. Oftentimes limiting the ability to quickly and easily pick up your phone is enough to keep you off of social media, said Agarwal. If your phone is what keeps your hands from fidgeting, try to have some objects around the house that relieve stress, like a stress ball, fidget toy or yarn and crochet hooks.
Hide your social media apps on your phone by placing the app on the second or third page of your home screen or bury the app inside an "app folder" with a bunch of others. When you're waiting in line or have a free five minutes, instead of grabbing your phone — take in the view, practice some breathing exercises or read a book.
Benefits of taking a social media break
Ever hear of "text neck?" It's the result of looking down at our phones when scrolling or texting, straining the neck muscles over a long period of time. Taking a break from social media helps relieve neck pain and gives your eyes a break from bright screens.
People may also be more connected than ever through social media, but a 2018 University of Pennsylvania study found that people who limit their time on social media experience less depression and feelings of loneliness.
Taking a break from social media will give you better sleep, too. Research suggests that nighttime use of social media is driven by FOMO (fear of missing out), and keeps people scrolling longer at night instead of going to sleep.
Reevaluate what you want out of social media
What is the reason that brought you onto social media? This is the question Agarwal said to ask yourself when trying to figure out if it's time to take a social media break. If you're not getting the same satisfaction from the reason you use social media, it may be time to look for alternatives.
If you joined social media to...
1. Find community: Look for clubs and groups in your neighborhood where you can meet and interact with others IRL (in real life).
2. Be inspired: Consume other forms of media like magazines, books, podcasts, movies or live events.
3. Buy and sell things: Try using other apps, like OfferUp or NextDoor, or visiting local events and marketplaces in person.
Two and a half hours.
Two and a half hours — that's the average amount of time people spend on social media each day.
It may not sound like a lot, but that time can really add up — and at what cost? Social media has proven negative effects on mental health (especially for teens), self-image and for some is a huge time-waster.
University of Penn's Anish Agarwal, an emergency physician, researcher, and deputy director for the Center for Digital Health, said it's important to constantly be reevaluating the role social media plays in daily life.
The bottom line: taking a break from social media is healthy for you. Read on for guidance and tools to help you limit screen time on these apps.
