Two juries did something this week that Congress has failed to do for years — crack down on Big Tech for harming children through social media.
These civil actions will no doubt get the attention of Washington, where lawmakers in both parties have tried for years to pass legislation with teeth that would protect children from harm from social media. Parents have been warning lawmakers perennially about the dangers of sexual predators and cyberbullies online.
A New Mexico jury imposed a $375 million penalty on Meta for violating state consumer protection laws.
New Mexico Attorney General Raul Torrez brought the case in a sting, having investigators pose as children on social media. They received sexual solicitations from pedophiles, “thanks” to the algorithms connecting them, he said.
In Los Angeles, a jury found Meta and Google’s YouTube negligent in turning over their platforms to algorithms that hooked children into staying online for as long as possible, without regard to their sleep or emotional health.
The jurors awarded damages of $2.1 million from Meta and $900,000 from YouTube to a 20-year-old woman for a childhood addiction to social media that aggravated her mental illness. The panel also recommended another $3 million in punitive damages.
Snapchat and TikTok settled the lawsuit for undisclosed terms before the trial began.
These verdicts are the first in many state and federal trials in which families and school districts accuse social media companies of deliberately causing harm, amid reports of increased youth anxiety, depression and suicidal thoughts.
Meta, the parent of Facebook and Instagram, which had $201 billion in revenue last year, said it will appeal both verdicts. YouTube has pledged to appeal the New Mexico verdict.
Congress has considered several measures this year aimed at protecting kids, but only one bill stands a chance of becoming law.
The Children and Teens’ Online Privacy and Protection Act, or COPPA 2.0, extends current restrictions on collecting children’s personal information to teens ages 13 to 16, and cracks down on loopholes Big Tech has exploited.
The Senate passed the bill unanimously last month. The House is making progress on its version.
But other attempts at cracking down on social media have faltered, amid complaints from parents and some lawmakers that Big Tech’s campaign donations are too powerful to overcome.
Also in Washington, the Trump Justice Department settled a lawsuit alleging that the Biden administration pressured social media companies to remove or suppress disfavored speech by American citizens.
Three federal agencies — the Surgeon General’s office, the Centers for Disease Control and Prevention, and the Cybersecurity and Infrastructure Security Agency — are now barred from threatening or pressuring social media companies to suppress protected speech, as was alleged under President Biden in interactions with Facebook, Instagram, X, LinkedIn and YouTube.
The episode did not involve harm to kids, but it was another black mark against social media platforms.
The lawsuit said the federal government pressured and encouraged major social media platforms to censor posts about COVID-19, the Hunter Biden laptop scandal and the 2020 presidential election. The settlement, filed Tuesday in a federal court in Louisiana, resolves the lawsuit brought by Missouri, Louisiana and several individual plaintiffs.