Report from Anadolu News
In Brief – A Danish non-profit association, SOMI, has filed a lawsuit against Meta in Denmark on behalf of parents and children, alleging that the company’s platforms cause psychological harm to minors. The complaint in Copenhagen City Court claims that Facebook and Instagram are designed to be addictive, exploiting the vulnerabilities of young users. SOMI is seeking 25,000 Danish kroner (around $3,600) in compensation for each affected minor. The lawsuit alleges that features such as algorithm-driven recommendations, infinite scrolling, and various notifications intended to create “fear of missing out” contribute to higher rates of depression, anxiety, sleep disorders, and reduced academic performance among teens. The group is asking the court to rule that Meta has violated the EU’s Digital Services Act, GDPR and AI Act, as well as Danish law, and demands changes to the platforms and effective age verification.
Context – Class action lawsuits have been a hallmark of the anti-social media campaign in the US. The EU and UK have enacted regulations through the Digital Services Act and the Online Safety Act. Australia has enacted an age limit of 16 and other countries are following suit. In the US, federal legislation has been stymied by partisan disagreements, and several state laws have been blocked by federal judges citing First Amendment problems. So, civil lawsuits from thousands of private plaintiffs and school districts, as well as State AGs, may prove most impactful. The suits are structured to circumvent Sec. 230 by claiming to target so-called “addictive” platform feature rather than dangerous content. Most have been consolidated in the California court of Judge Carolyn Kuhl or the federal district court of Judge Yvonne Gonzalez Rogers, and judges have allowed most to proceed. Juries in New Mexico and California recently ruled against the platforms, awarding multi-million-dollar verdicts. Enough expensive losses at the hands of juries primed by years of media claims that social media is dangerous and the platforms may agree to make change to their US operations that would not withstand First Amendment scrutiny.