Meta, which has faced two unsuccessful trials regarding child safety on its platforms this year, is now gearing up for a pivotal trial set to commence on Tuesday. Jury selection took place last week in Oakland, Calif., for the federal trial presided over by U.S. District Judge Yvonne Gonzales Rogers. While an eight-person jury will provide input, the final decision rests with Judge Rogers alone.
The trial is anticipated to span at least six weeks, and there is a possibility that Meta CEO Mark Zuckerberg and Instagram head Adam Mosseri may be summoned to testify. The lawsuit originated nearly three years ago when numerous states, representing a mix of political parties, collectively filed a lawsuit against Meta in a federal court in California. The lawsuit alleged that Meta, the parent company of Facebook, Messenger, Instagram, and WhatsApp, infringed federal law by gathering data on users under 13 without parental consent.
The 233-page complaint contended that Meta had engaged in misleading practices to mask the detrimental and addictive nature of its platforms for young users while profiting from their attention through data collection and targeted advertising. The trial’s initial phase involves four states: California, Colorado, Kentucky, and New Jersey. More states may follow suit later, pending the outcome of this trial, which Meta is likely to appeal if unfavorable.
In preparation for the trial, Meta attempted to bar a key witness, Arturo Béjar, from testifying, but the request was denied by Judge Rogers. Béjar, a former director of engineering at Facebook, testified earlier this year in a separate case that Facebook was informed through internal research of the negative impacts on teens but failed to take appropriate action. He criticized Meta’s safety measures as inadequate and highlighted the company’s limited resources in addressing safety breaches.
While the states have not disclosed their monetary damage claims, Meta suggested in a legal filing that it could face financial penalties of up to $1.4 trillion in the trial. Legal experts view this amount as unrealistic, as it far exceeds Meta’s financial capacity. Beyond financial repercussions, the state attorneys general seek court-ordered modifications to Meta’s platforms, such as imposing age restrictions and eliminating features like infinite scroll.
Meta refutes the allegations, asserting that trial evidence will demonstrate its dedication to safeguarding young users. The company has implemented new safety protocols since the lawsuit’s initiation, including the introduction of private teen accounts on Instagram with enhanced controls and parental oversight. Meta also utilizes artificial intelligence to detect underage users and restrict access to adult accounts.
In a recent development, Meta reported a decline in profits last month, partly attributing it to $2.4 billion in legal expenses. The company is appealing a previous case in New Mexico where it was ordered to pay substantial penalties for platform-related harms to young individuals. The legal battle is not limited to the U.S., as Meta faces similar litigations in other countries over alleged harms to young users.
