New Mexico launches landmark trial accusing Meta of failing to protect children online

Jury selection has begun in New Mexico for the first stand-alone state trial against Meta Platforms Inc. over allegations that its social media platforms failed to protect children from sexual exploitation and harmful content.

Filed in 2023 by Attorney General Raúl Torrez , the lawsuit accuses Meta of creating a “breeding ground” for online predators by prioritising profits over child safety and using algorithms that amplify addictive and dangerous material. The case relies on a state undercover investigation in which decoy accounts posing as children received sexual solicitations from adults, and prosecutors tracked Meta’s response after reporting the activity.

Unlike earlier lawsuits focused on user-generated content, New Mexico is challenging Meta’s business practices and algorithm design , using consumer protection and nuisance laws to sidestep protections under Section 230 of the Communications Decency Act .

The trial was delayed for nearly three years due to extensive legal challenges, discovery battles and constitutional arguments raised by Meta, which sought dismissal under free speech and platform immunity provisions.

Meta denies the allegations, calling them “sensationalist” and saying it has expanded teen safety tools, content restrictions and reporting features . The company argues that youth mental health problems cannot be blamed solely on social media and involve broader social factors.

The lawsuit is part of a broader legal push by more than 40 state attorneys general who accuse Meta of worsening the youth mental health crisis by deliberately designing features that encourage compulsive use among children and teenagers. Parallel cases are being heard in California against platforms such as Instagram, owned by Meta, and Google’s YouTube, which are alleged to have similar addictive design elements. In New Mexico, prosecutors have also filed a separate lawsuit against Snap Inc., the parent company of Snapchat, claiming its messaging platform has been used to facilitate child sexual exploitation and that the company failed to implement adequate safeguards to prevent minors from being targeted by online predators.

Legal experts say a ruling against Meta could establish a new legal pathway for states to regulate social media companies by targeting platform conduct and algorithmic design rather than individual posts. The trial, which begins with opening statements on February 9, is expected to last nearly two months. A jury will decide whether Meta engaged in unfair business practices, while a judge will later determine penalties. Under state law, fines can reach $5,000 per violation , and prosecutors suggest violations could number in the thousands or even millions, based on how often harmful content was promoted or inadequately addressed by the company’s systems.