Meta Goes to Trial in a New Mexico Child Safety Case. Here’s What’s at Stake

Today, Meta went to trial in the state of New Mexico for allegedly failing to protect minors from sexual exploitation on its apps, including Facebook and Instagram. The state claims that Meta violated New Mexico’s Unfair Practices Act by implementing design features and algorithms that created dangerous conditions for users. Now, more than two years after the case was filed, opening arguments have begun in Santa Fe.

It’s a big week for Meta in court: A landmark social media trial kicks off in California today as well, the nation’s first legal test of social media addiction. That case is part of a “JCCP,” or judicial council coordinated proceedings, that brings together many civil suits that focus on similar issues.

The plaintiffs in that case allege that social media companies designed their products in a negligent manner and caused various harms to minors using their apps. Snap, TikTok, and Google were named as defendants alongside Meta; Snap and TikTok have already settled. The fact that Meta has not means that some of the company’s top executives may be called to the witness stand in the coming weeks.

Meta executives, including Mark Zuckerberg, are not likely to testify live in the New Mexico trial. But the proceedings may still be noteworthy for a few reasons. It’s the first stand-alone, state-led case against Meta that has actually gone to trial in the US. It’s also a highly charged case alleging child sexual exploitation that will ultimately lean on very technical arguments, including what it means to “mislead” the public, how algorithmic amplification works on social media, and what protections Meta and other social media platforms have through Section 230.

And, while Meta’s top brass might not be required to appear in person, executive depositions and testimonies from other witnesses could still offer an interesting look at the inner workings of the company as it established policies around underage users and responded to complaints that claim it wasn’t doing enough to protect them.

Meta has so far given no indication that it plans to settle. The company has denied the allegations, and Meta spokesperson Aaron Simpson told WIRED previously, “While New Mexico makes sensationalist, irrelevant, and distracting arguments, we’re focused on demonstrating our long-standing commitment to supporting young people … We’re proud of the progress we’ve made, and we’re always working to do better.”

Sacha Haworth, executive director of the Tech Oversight Project, a tech industry watchdog, said in an emailed statement that these two trials represent “the split screen of Mark Zuckerberg’s nightmares: a landmark trial in Los Angeles over addicting children to Facebook and Instagram, and a trial in New Mexico exposing how Meta enabled predators to use social media to exploit and abuse kids.”

“These are the trials of a generation,” Haworth added. “Just as the world watched courtrooms hold Big Tobacco and Big Pharma accountable, we will, for the first time, see Big Tech CEOs like Zuckerberg take the stand.”

The Cost of Doing Business

New Mexico attorney general Raúl Torrez filed his complaint against Meta in December 2023. In it, he alleged that Meta proactively served underage users explicit content, enabled adults to exploit children on the platform, allowed Facebook and Instagram users to easily find child pornography, and allowed an investigator on the case, purporting to be a mother, to offer her underage daughter to sex traffickers.

The trial is expected to take place over seven weeks. Last week jurors were selected, a panel of 10 women and eight men (12 jurors and six alternates). New Mexico First Judicial District judge Bryan Biedscheid is presiding over the case.