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Meta faces public nuisance claim over alleged harm to children

A trial set to begin Monday in New Mexico, United States could lead a judge to mandate significant changes to the way Facebook, Instagram, and WhatsApp operate, a prospect Meta Platforms has cautioned might compel it to pull out of the state.

The case, to be heard by a judge in Santa Fe, arises from a lawsuit filed by New Mexico Attorney General Raúl Torrez, a Democrat, who alleges that the social media company deliberately designed its platforms to hook young users and failed to shield children from sexual exploitation.

Central to the trial is the question of whether Meta’s platforms constitute a “public nuisance” under New Mexico law. A ruling to that effect could empower the judge to impose broad remedies intended to address alleged harms to young users.

The proceedings are being closely monitored as states, cities, and school districts nationwide advance similar lawsuits aimed at driving industry-wide reforms.

Monday’s hearing represents the second phase of New Mexico’s legal action.

In March, a jury determined that Meta had breached the state’s consumer protection law by misrepresenting the safety of Facebook and Instagram for young users, ordering the company to pay $375 million in damages.

Concerns over children’s safety on social media have intensified for years.

On Wednesday, Meta cautioned investors that legal and regulatory backlash in the European Union and the United States “could significantly impact our business and financial results.”

According to court filings, Torrez’s office is expected to pursue billions of dollars more in damages and seek a court order compelling Meta to implement significant changes to its platforms for users in New Mexico.

Meta has maintained that it has already addressed many of the state’s concerns and taken extensive steps to protect young users.

In filings last week, the company argued that several of the measures sought by Torrez’s office are impossible to implement and could ultimately force it to withdraw from the state altogether.

“The New Mexico Attorney General’s focus on a single platform is a misguided strategy ⁠that ignores the hundreds of other apps teens use daily,” a Meta spokesperson said in a statement ahead ‌of the trial. “Rather than providing comprehensive protections, the state’s proposed mandates infringe on parental rights ‌and stifle free expression for all New Mexicans.”

The trial before Judge Bryan Biedscheid will focus on whether Meta’s conduct satisfies the legal threshold for a public nuisance under New Mexico law — a determination that could permit the court to order remedies designed to halt the alleged harm.

Public nuisance claims address activities that unreasonably interfere with the health and safety of a community.

Traditional examples include obstructing a public roadway, contaminating a water supply, or releasing harmful fumes.