Meta Faces Legal Firestorm: In a significant legal move, a bipartisan group of 42 state attorneys general has initiated a series of lawsuits against Meta, alleging that the social media giant’s Facebook and Instagram platforms are deliberately designed to be addictive and harmful to children and teenagers. This legal action represents a substantial challenge to Meta’s business operations and underscores a shared concern for the well-being of young users on these platforms.
Meta, previously known as Facebook, now faces multiple lawsuits on this issue across various jurisdictions. Attorneys general from 33 different states have jointly filed a federal suit against Meta in the Northern District of California. Additionally, nine more attorneys general are pursuing separate legal actions in their respective states. Notable among these are California, Colorado, Louisiana, Nebraska, South Carolina, Washington, and Wisconsin.
These lawsuits highlight the bipartisan consensus among state law enforcers on the urgency of safeguarding the online experiences of children and teenagers. At a press conference following the lawsuit filing, Tennessee Attorney General Jonathan Skrmetti noted the unique nature of this united effort, saying, “We have polarization the likes of which we have not seen since the Civil War. And so for all of the attorneys general from both parties, people who frequently disagree very vocally and very publicly, to all come together and to move in the same direction, I think that says something.”
Colorado Attorney General Phil Weiser emphasized the significance of this legal challenge, stating, “This is not a case that we know is going to be decided very quickly. But it’s of the utmost importance. That’s why we dedicated level resources of the state agencies brought together here addressing issues that are top of our national agenda.”
This is not the first instance of a broad coalition of state attorneys general teaming up to confront Meta. In 2020, 48 states and territories launched legal action against the company on antitrust grounds, in addition to a separate complaint filed by the Federal Trade Commission.
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The attorneys general argue that Meta intentionally designed its Facebook and Instagram platforms to engage young users for extended periods and keep them returning regularly. Their allegations suggest that Meta achieved this through the strategic design of its algorithms, a barrage of notifications, and the use of features like the endless scroll through platform feeds. Furthermore, the attorneys general contend that these features negatively impact the mental health of teenagers by promoting social comparison and body image issues, as exemplified by the “likes” and photo filters incorporated into the platforms.
The federal lawsuit also accuses Meta of violating the Children’s Online Privacy Protection Act (COPPA) by collecting personal data from users under the age of 13 without parental consent.
The primary objective of the lawsuits is to halt what the attorneys general view as harmful practices by Meta, while also seeking penalties and restitution for the damage caused.
The attorneys general assert that Meta was fully aware of the adverse effects its platform designs could have on young users. In a press release, New York Attorney General Letitia James’ office stated, “While Meta has publicly denied and downplayed these harmful effects, it cannot credibly plead ignorance.” They point to internal research documents commissioned by Meta that were later leaked by a whistleblower, revealing the company’s awareness of the serious harm caused to young users over the years.
Former Facebook employee Frances Haugen caused a stir in 2021 after leaking internal documents that disclosed the company’s research on the impact of its products. One set of documents specifically focused on Instagram’s effect on teenagers and revealed that “thirty-two percent of teen girls said that when they felt bad about their bodies, Instagram made them feel worse.” Following this report, Instagram announced efforts to redirect users from dwelling on negative topics.
District of Columbia Attorney General Brian Schwalb, who filed an individual suit against Meta for violating consumer protection laws in his district, highlighted the need for proactive measures, stating, “It should have been the practice of Meta to alert people that they were dealing with a dangerous, potentially addictive product before they started using it.”
Meta, in response, expressed its disappointment with the legal actions taken by the attorneys general. Company spokesperson Andy Stone stated, “We share the attorneys general’s commitment to providing teens with safe, positive experiences online and have already introduced over 30 tools to support teens and their families.”
Several of the practices targeted by the attorneys general in their case against Meta are also observed in other social media platforms, such as the strategic use of algorithms to engage users.
Jonathan Skrmetti, the Tennessee Attorney General, emphasized that the legal actions against Meta are part of a broader industry-wide investigation. He remarked, “This is not just about Meta, but as one of the biggest players and as an entity where there’s clear evidence of misleading the public and making deliberate decisions that hurt kids, I think it’s appropriate that we lead off with this particular lawsuit.”
Notably, a bipartisan group of state attorneys general began investigating TikTok in the previous year over similar concerns about child online safety.
Jonathan Skrmetti suggested that the multistate lawsuit against Meta might serve as a platform for potential settlement discussions across the industry, or alternatively, it could drive individual litigation that compels companies to adopt better practices over time.
Brian Schwalb emphasized that while Meta is not the sole company using such engagement strategies, it is remarkably effective at doing so, and this effectiveness comes at the expense of the well-being of millions of young individuals. He stated,