Report from MediaPost
In Brief – Meta is warning it may withdraw Facebook, Instagram, and WhatsApp from New Mexico if a court grants an injunction sought by Attorney General Raúl Torrez requiring major changes to its platforms. Torrez is asking a federal judge to mandate changes such as effective age verification, limits on encryption for minors, warning labels, and modifications to recommendation algorithms. Meta argues these demands are vague, impractical, and would force it to create separate versions of its apps for the state, making withdrawal the only feasible option. The company also contends the proposals would violate its constitutional rights, as well as protections under Section 230 of the federal CDA. Torrez dismissed Meta’s threat as a public relations tactic. In March, a federal jury in Santa Fe ordered Meta to pay $375 million for violating state consumer protection law, which the company plans to appeal. A bench trial will now determine if Meta’s platforms created a public nuisance.
Context – Research doesn’t back the claim that social media is harmful to most teens, but age-based limits are rapidly proliferating anyhow, especially outside the US where many countries are following Australia’s model to set age limits. In the US, federal action has been stymied by partisan disagreements, and most state laws have been blocked by judges with First Amendment concerns. However, conflicting rulings have occurred in the 5th and 11th Circuits and so the issue might reach the Supreme Court in a couple of years. The most promising tactic in the US has been civil litigation that focuses on “addictive” features to circumvent Sec. 230. Thousands have been filed by private plaintiffs, school districts, and State AGs. In March, juries in New Mexico and California ruled against the platforms, including Meta in both, and awarded multi-million-dollar verdicts. Enough expansive losses might lead to settlements in which platforms make changes that could not pass muster if ordered by the government. Meta has blocked all “news” posts in Canada for almost three years is response to government mandates, so maybe they would be willing to shut down their platforms in some manner in New Mexico.