Meta is threatening to cut off access to its social media platforms in New Mexico as the company pushes back against the state’s legal effort to compel changes to child safety protocols.
Meta and New Mexico are set to proceed to the second stage of their trial next week after a jury recently awarded the state $375 million after finding the company misled consumers about platform safety and protections for children against sexual predators.
The next phase will determine what actions Meta, parent company of Facebook, Instagram and WhatsApp, must take to address those issues.
Among the remedies New Mexico is seeking is a requirement that Meta achieve 99 percent accuracy in verifying that children on its platform are at least 13 years old. Meta has pushed back in a court filing, calling the requirement “impossible” and arguing it would require the company to “comply with impossible obligations.”
Meta’s legal team said in a filing that New Mexico’s “requests for relief are so broad and so burdensome, that if implemented it might force Meta to withdraw its apps entirely from the State of New Mexico as an alternative way of complying with the injunction.”
“It does not make economic or engineering sense for Meta to build separate apps just for New Mexico residents,” Meta’s lawyers added. “Nor could Meta guarantee the perfection the State demands, making it impractical for Meta to operate in New Mexico.”
The company has argued it is being unfairly singled out compared to other social media platforms popular with young people. Meta has also signaled it will appeal the $375 million civil judgment.
New Mexico pushed back on Meta’s assertion that complying with the safeguards would be impractical.
“Meta is showing the world how little it cares about child safety,” said New Mexico Attorney General Raúl Torrez. “Meta’s refusal to follow the laws that protect our kids tells you everything you need to know about this company and the character of its leaders.”
“We know Meta has the ability to make these changes. For years the company has rewritten its own rules, redesigned its products, and even bent to the demands of dictators to preserve market access. This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue, and profit,” Torrez added.
New Mexico is also seeking that Meta implement safer recommendation algorithms that do not prioritize engagement over child well-being, restrictions on end-to-end encryption for minors, prominent warning labels about platform risks, permanent bans for adults engaging in or facilitating child exploitation, and an independent oversight regime through a court-appointed child safety monitor.