The state complaint details how its investigators were easily able to set up fake Facebook and Instagram accounts posing as underage girls, and how these accounts were soon sent explicit messages and shown algorithmically amplified pornographic content. In another test case cited in the complaint, investigators created a fake account as a mother looking to traffic her young daughter. According to the complaint, Meta did not flag suggestive remarks that other users commented on her posts, nor did it shut down some of the accounts that were reported to be in violation of Meta’s policies.
Meta spokesperson Aaron Simpson told WIRED via email that the company has, for over a decade, listened to parents, experts, and law enforcement, and has conducted in-depth research, to “understand the issues that matter the most,” and to “use these insights to make meaningful changes—like introducing Teen Accounts with built-in protections and providing parents with tools to manage their teens’ experiences.”
“While New Mexico makes sensationalist, irrelevant and distracting arguments, we’re focused on demonstrating our longstanding commitment to supporting young people,” Simpson said. “We’re proud of the progress we’ve made, and we’re always working to do better.”
In its motions ahead of the New Mexico trial, Meta asked that the court exclude any references to a public advisory published by Vivek Murthy, the former US surgeon general, about social media and youth mental health. It also asked the court to exclude an op-ed article by Murthy and Murthy’s calls for social media to come with a warning label. Meta argues that the former surgeon general’s statements treat social media companies as a monolith and are “irrelevant, inadmissible hearsay, and unduly prejudicial.”
Meta has also insisted that the state of New Mexico should not be able to admit in court any third-party surveys—or Meta’s own internal surveys—that purport to show a high amount of inappropriate content on Meta’s platforms, because the surveys are, in legal terms, hearsay.