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New Mexico trial citing ‘public nuisance’ laws against Meta, social platforms

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New Mexico trial citing ‘public nuisance’ laws against Meta, social platforms

A trial beginning ⁠in New Mexico on Monday could prompt a judge to order sweeping changes ⁠to how Facebook, Instagram and WhatsApp operate – a move Meta Platforms has warned could force it to withdraw from the state.

The case, which will be tried before a judge in Santa Fe, stems from a lawsuit filed by New Mexico Attorney General Raúl Torrez, a Democrat, accusing the social media giant of designing its products to addict young users and failing to protect children from sexual exploitation on its platforms.

At the heart of the trial is whether Meta’s platforms have created a “public nuisance” under New Mexico law. That finding would allow ‌the judge to order wide-ranging remedies aimed at curbing alleged harms to young users. The case is being closely watched as states, municipalities and school districts across the US pursue similar claims seeking to force changes at the industry level.

Monday’s trial marks the second phase of New Mexico’s lawsuit. A jury in March found Meta violated the state’s consumer protection law by misrepresenting the safety of Facebook and Instagram for young users. It ordered the company to pay US$375 million in damages.
New Mexico Attorney General Raúl Torrez during a news conference to call on Congress to pass legislation to protect kids online and to hold big tech companies accountable on Capitol Hill in Washington, on April 14. Photo: AP

Criticism of children’s safety on social media has been mounting for years. On Wednesday, Meta warned investors that legal and regulatory blowback in the European Union and the US “could significantly impact our business and financial results.”

Sweeping remedies at stake

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