Trial against Meta in New Mexico focuses on dangers of child sexual exploitation on social media

SANTA FE, New Mexico — A trial focused on the dangers of child sexual exploitation on social media and whether Meta misrepresented the safety of its platforms is set to begin in New Mexico with opening statements Monday.

It is the first independent trial by state prosecutors in a series of cases against major social media companies, including Meta, for harming children, and is likely to shine a spotlight on explicit content online and its effects.

New Mexico Attorney General Raúl Torrez prosecuted Meta in 2023. His team built the case by posing as children through social media accounts and then documenting the influx of sexual solicitations as well as the response from Meta, the owner of Facebook, Instagram and WhatsApp.

Prosecutors say they will provide evidence and testimony that the Meta account’s algorithms and features lured and addicted young people to social media, while also creating a “breeding ground” for predators to target children for sexual exploitation. Prosecutors say Meta failed to disclose what it knew about these harmful effects, in violation of state consumer protection laws. Meta is also accused of creating a public nuisance.

“Meta knowingly exposes children to the dual dangers of sexual exploitation and mental health problems,” the lawsuit states. “Meta’s motivation for this is profit.”

Meta denies any violations of the law and says prosecutors cherry-pick evidence to make sensationalist arguments. On Sunday, Meta called the state’s investigation “ethically compromised” due to the use of children’s photos on proxy accounts, delays in reporting child sexual abuse material and the destruction of data from devices used in the investigation, in social media posts about X by company spokesperson Andy Stone.

The company says the lawsuits attempt to shift the blame for teen mental health issues onto social media companies in a way that oversimplifies things. Meta says it has a long-standing commitment to supporting young people, highlighting the constant addition of account settings and tools, including safety features that give teens more information about who they’re chatting with and content restrictions based on PG-13 movie ratings.

“For more than a decade, we have listened to parents, worked with experts and law enforcement, and conducted extensive research to understand the issues that matter most,” the company said in a statement. “We are proud of the progress we have made.”

It is unclear whether Meta CEO Mark Zuckerberg will testify at the trial. New Mexico limits the ability to compel foreign witnesses to testify in person, while prosecutors can present Zuckerberg’s testimony from a deposition.

Zuckerberg’s personal views and changing attitudes toward social media weighed in jury selection from a group of more than 200 Santa Fe County residents, including several educators, young adults who grew up with social media and others who never signed up.

“Frankly, he’s the one making money off of all of us,” one person said of Zuckerberg.

A lawyer for the state warned that there would be “very sensitive and very explicit material discussed in terms of child safety” during the trial.

More than 40 state attorneys general have filed lawsuits against Meta, claiming it deliberately designs features that get children addicted to its platforms. The majority filed suit in federal court, and New Mexico’s lawsuit against Meta is the first to go to trial.

The opening statements were carried forward in an ongoing California lawsuit against social video companies, including Meta’s Instagram and Google’s YouTube, that centers on a 19-year-old who claims her use of social media from a young age made her addicted to technology and exacerbated depression and suicidal thoughts. Snap Inc., the parent company of TikTok and Snapchat, settled claims in the case.

Torrez, a Democrat seeking re-election this year for a second term, urged Meta to implement more effective age verification and remove bad actors from his platform. It also seeks to change algorithms that can spread harmful material and criticizes end-to-end privacy encryption that can prevent communications with children from being monitored for security reasons.