US trial could force sweeping changes to Facebook and Instagram

Meta faces a landmark court fight in the United States after 30 state attorneys general filed a lawsuit in 2023 that accuses the company of violating federal and state laws designed to protect children’s privacy. The trial, due to begin tomorrow, could force sweeping changes to how Facebook and Instagram work for young people and threaten parts of Meta’s business model.

Broad demands from the states

The states are seeking more than 860 billion euros in monetary relief and a set of structural changes to the platforms aimed at reducing harm to minors. Their complaint alleges that Facebook and Instagram use features and design choices to keep children and teenagers on the services as long as possible — increasing engagement and expanding Meta’s user base.

Among the changes the states want are removal of visible like counts and endless scrolling, stronger parental controls for teens, modifications to recommendation algorithms, bans on filters that alter physical appearance, removal of autoplaying videos, limitations on disappearing posts such as Instagram Stories, and restrictions on opening multiple accounts. The suit also accuses Meta of sending frequent notifications intended to pull young people back into the apps.

A federal judge in California, Yvonne Gonzalez Rogers, will hear the multi-state case. If the states win, the ruling could compel Meta to implement nationwide reforms similar to those already ordered in a separate case in New Mexico.

In that New Mexico decision a judge ordered Meta to pay $942 million and to adopt measures similar to some of the states’ demands: removing like counters for users under 18, banning sending and receiving sexually explicit images via the platforms, and restricting notifications at certain times of day. The judge also labelled Meta a "public nuisance" and compared the company to a factory that pollutes the air and harms the community. Meta has announced it will appeal that ruling.

Meta has previously taken action to limit teen accounts in other countries: the company removed more than 750,000 teenage profiles in Australia, according to its own disclosures. "We strongly reject these claims and are confident that the evidence will show our long-standing commitment to supporting young people," the company spokesperson said.

Photo: EPA-EFE/RUNGROJ YONGRIT