New Mexico state prosecutors are seeking fundamental changes to Meta's social media apps and algorithms to safeguard children in the second phase of a landmark trial. The trial, which began with opening statements on Monday, will decide whether Meta's platforms, including Instagram and Facebook, constitute a public nuisance under state law.
In the first phase, a jury ordered Meta to pay $375 million in civil penalties, finding that the company knowingly harmed children's mental health and concealed its knowledge of child sexual exploitation on its platforms. Prosecutors are now asking a judge to impose changes aimed at curbing addictive features, improving age verification, and preventing child sexual exploitation through default privacy settings and closer oversight.
Meta has vowed to appeal the jury verdict and warned that it could eliminate Instagram and Facebook services in New Mexico if forced to comply with impractical mandates. The company argues that the demands infringe on parental rights and free expression, and that its platforms are being singled out among hundreds of apps used by teens.
New Mexico Attorney General Raúl Torrez said the jury verdict challenged the protection tech companies have enjoyed under Section 230 of the U.S. Communications Decency Act. Prosecutors are demanding a redesign of algorithms that prioritise engagement, targeting features such as infinite scroll, push notifications, and default like counts. They also seek improvements in age verification and a court-supervised child safety monitor.
Meta plans to call technical experts to argue that the demands are impractical and would force the company to disregard the realities of the internet. The case is the first to reach trial among lawsuits filed by more than 40 state attorneys general over youth mental health, placing New Mexico in a unique position to potentially change how Big Tech operates.
