Meta has raised the possibility of shutting down its social media services in New Mexico in response to a legal push by state prosecutors demanding fundamental changes to platforms like Instagram to protect children's mental health and safety. The threat emerged as a bench trial approaches next week, marking the second phase of a case where Meta was already ordered to pay $375 million in civil penalties for knowingly harming children's mental health and concealing child sexual exploitation on its platforms.
Legal Battle Escalates
Prosecutors are seeking court-ordered changes to child accounts, including restrictions on addictive features, improved age verification, and default privacy settings to prevent exploitation. Meta argues that a proposed 99% accuracy requirement for verifying users aged 13 or older is unfeasible. In a court filing unsealed Thursday, Meta stated, "As a practical matter, this requirement effectively requires Meta to shut down its services — for all users in the state — or else comply with impossible obligations."
Potential Impact on Users and Businesses
Shutting down services in New Mexico, home to 2.1 million residents, would halt personal communication on Meta's platforms, including Facebook and WhatsApp, and disrupt commercial advertising. Eric Goldman, codirector of the High Tech Law Institute at Santa Clara University, noted that such a move could appear hostile and lead to unintended consequences, drawing parallels to Facebook's 2023 decision to block local news in Canada during wildfires in response to a new law requiring payment to publishers.
New Mexico Attorney General Raúl Torrez dismissed Meta's claims, stating, "I highly doubt that they’re going to be willing and able to turn the lights off for their product all over the country." He emphasized the need for accountability, saying, "We didn’t have infinite scroll and we didn’t have auto-play" in the past, and he won't ignore exploited children due to advertising contracts.
Broader Context
The case is part of a wider trend, with over 40 state attorneys general suing Meta over youth mental health concerns. A Los Angeles jury recently found both Meta and YouTube liable for harms to children. Other countries are also implementing restrictions on children's online activities, from social media bans to requiring parental account links. New Mexico seeks similar measures, including a court-supervised child safety monitor.
Goldman noted that Facebook has withdrawn from some countries where the cost of maintaining local services outweighs the benefits, suggesting New Mexico could face a similar fate. However, Torrez remains determined to pursue the case, emphasizing the state's commitment to protecting children.
