BY MIRABEL ODETA
Efforts to regulate social media to protect children often focus on Washington, D.C., and Brussels, but a recent jury verdict in Santa Fe, New Mexico, has demonstrated that state courts can wield significant influence over global tech giants. On Tuesday, a jury found Meta liable for violating New Mexico’s consumer protection laws and endangering children by enabling sexual exploitation on its platforms, imposing a $375 million penalty.
The verdict sets the stage for a second phase of the trial in May, when Judge Bryan Biedscheid is expected to hear claims that Meta created a “public nuisance” that harmed residents’ health and safety. That stage could result in court-ordered changes to the design of Facebook, Instagram, and other apps used by teenagers, giving New Mexico the rare ability to compel modifications to social media products themselves.
This authority distinguishes the case from thousands of private lawsuits filed by individuals alleging harm from social media addiction or mental health impacts. The ruling also strengthens the position of states seeking to enforce reform at tech companies amid stalled federal regulation, including proposals for stricter age verification and restrictions on algorithm-driven content feeds targeting minors.
Prospective Changes to Social Media Platforms
New Mexico Attorney General Raúl Torrez outlined several potential changes the state may seek. These include limiting the types of content recommended to minors, restricting notifications that prompt teenagers to log in, curbing “infinite scroll” features, and tightening age verification processes. The state may also propose measures to mitigate harm already caused by Meta’s platforms.
Torrez emphasized that the focus is on product reform rather than solely on financial penalties. “It’s not out of the realm of possibility that we ask for and receive an even greater award at the second stage of the trial than the first,” he said. “But my perspective has been to focus on the changes of the product itself.”
The attorney general indicated that the court might appoint an independent monitor to oversee Meta’s compliance with state consumer protection laws over several years, reflecting the seriousness of potential interventions.
Public Nuisance Law and Legal Challenges
State attorneys general are increasingly relying on public nuisance law, which allows governments to sue over conduct that unreasonably interferes with public health or safety. The doctrine has previously been used to target industries such as opioid manufacturers.
Meta has stated that it will appeal the original jury verdict and defend itself vigorously. Legal experts predict that the appeal will likely raise questions about Section 230 of the Communications Decency Act, which provides broad protections for tech companies regarding user-generated content.
Meta has pointed to safety upgrades implemented since the filing of the lawsuit. Measures include accounts for teen users with nighttime notifications disabled by default, improved age verification features, and plans to filter age-inappropriate content. The company recently removed end-to-end encryption from Instagram messaging due to limited use, a move praised by child safety advocates, while continuing to offer encryption on WhatsApp.
Challenges of Enforcing Product Changes
Analysts remain skeptical about whether New Mexico can compel changes to Meta’s algorithm-driven content recommendation systems, which are central to Facebook and Instagram. “Algorithm modification is not a likely remedy, but it is among the list of possible changes that could be required,” said Max Willens, an analyst with eMarketer. Experts note that court-ordered relief is even more difficult to secure for individual plaintiffs.
The New Mexico case follows a landmark jury award in Los Angeles, where a woman won $6 million combined against Meta and Google for social media addiction and mental health harm. Such rulings signal growing legal pressure on tech companies to reconsider product designs that impact young users.
Implications for Broader Regulation
Torrez acknowledged that regulating global social media platforms through state courts is “probably not the most efficient” approach, but said he could not wait any longer for systemic reform. While New Mexico’s lawsuit focuses on child predation and grooming, dozens of other state attorneys general are pursuing cases against Meta for broader youth mental health concerns.
“Since the verdict, my office has fielded questions from other states and regulatory bodies overseas,” Torrez said. “I have an expectation that Meta is in for a wave of litigation. Platforms could be investigated today and yield the same results we found in New Mexico.”
The New Mexico case may become a model for how local courts can hold global technology companies accountable, particularly when federal legislation and international agreements have failed to protect children from harmful online content. The second phase of the trial in May could have far-reaching consequences for social media regulation worldwide, potentially reshaping the digital landscape for teenagers.
Original article
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