A trial focused on the dangers of child sexual exploitation on social media and whether Meta misrepresented the safety of its platforms began Monday in New Mexico with opening statements. It’s the first stand-alone trial from state prosecutors in a stream of lawsuits against major social media companies, including Meta, over harm to children, and one that is likely to highlight explicit online content and its effects. Prosecutors told a jury that Meta failed to disclose what it knew about harmful effects of its platform on children, in violation of state consumer protection laws. Meta also is accused of creating a public nuisance. “The theme throughout this trial is going to be that Meta put profits over safety,” attorney Donald Migliori, representing the state of New Mexico in its suit against Meta. “Meta clearly knew that youth safety was not its corporate priority ... that youth safety was less important than growth and engagement.” Migliori said jurors will hear testimony and see internal communications from CEO Mark Zuckerberg and head of Instagram Adam Mosseri that illustrate Meta’s emphasis on profits over safety. He said internal Meta communications also show that Zuckerberg knew of widespread use the platform by children under 13, contradicting public statements. “The actions of these two individuals demonstrate their prioritization of growth and engagement over safety,” said Migliori. Testimony is expected to be drawn from current and former employees of Meta with safety responsibilities to show that Meta misrepresented what it knew about the effects its platforms on teenagers and preteens. Whistleblowers on the state’s witness list include Arturo Bejar, an engineering director at Facebook from 2009 to 2015 who later testified to Congress about his daughter confronting harassment on Instagram. Migliori said prosecutors will also delve into what Meta knew about the addictive nature of its algorithms that decide which content to present to users. Prosecutors say they’ll present evidence that Meta knew about 500,000 inappropriate interactions with children took place each day on its platforms, while its ability to track those interactions was inadequate. Meanwhile, in California, opening statements began Monday in a separate case against Meta and Google’s YouTube alleging that their platforms deliberately addict and harm children. Plaintiffs’ arguments there and in New Mexico, if successful, could sidestep the companies’ First Amendment shield and Section 230, which protects tech companies from liability for material posted on their platforms, and determine how thousands of similar lawsuits will play out. New Mexico Attorney General Raul Torrez sued Meta in 2023 and attended Monday’s trial opening. His team built the case by posing as kids through social media accounts, then documenting the arrival of sexual solicitations as well as the response by Meta, the owner of Facebook, Instagram and WhatsApp. Prosecutors say they’ll provide evidence and testimony that Meta’s algorithms and account features not only enticed and addicted young people to social media but also fostered a “breeding ground” for predators who target children for sexual exploitation. Meta denies any legal violations and says prosecutors are cherry-picking evidence to make sensationalist arguments. On Sunday, Meta called the state’s investigation “ethically compromised” in its use of child photos on proxy accounts, delays in reporting child sexual abuse material and the disposal of data from devices used in the investigation, in social media posts on X by company spokesperson Andy Stone. The company says lawsuits are attempting to place the blame for teen mental health struggles on social media companies in a way that oversimplifies matters. Meta says it has a longstanding commitment to supporting young people, highlighting a steady addition of account settings and tools -- including safety features that give teens more information about the person they’re chatting with and content restrictions based on PG-13 movie ratings. “For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most,” the company said in a statement. “We’re proud of the progress we’ve made.” It’s unclear whether Zuckerberg will testify at trial. New Mexico limits the ability to compel out-of-state witnesses to testify in person, while prosecutors can present testimony by Zuckerberg from a deposition. Initial objections Monday by Meta to showing explicit images at trial -- arguing that might revictimize people or unfairly imply that Meta is responsible for all content on its platform -- were overruled by New Mexico District Court Judge Bryan Biedscheid. Meta argues it works hard to take down harmful content but that it can’t reasonably be held liable for material posted on its platforms under a 30-year-old provision of the U.S. Communications Decency Act. More than 40 state attorneys general have filed lawsuits against Meta, claiming it is deliberately designing features that addict children to its platforms. The majority filed their lawsuits in federal court, and New Mexico’s case against Meta is the first to reach trial. Torrez, a Democrat seeking reelection this year to a second term, has urged Meta to implement more effective age verification and remove bad actors from its platform. He’s also seeking changes to algorithms that can serve up harmful material and criticizing end-to-end privacy encryption that can prevent the monitoring of communications with children for safety. Morgan Lee, The Associated Press
