Meta faces child privacy trial that could transform Instagram, Facebook

Meta is facing a major legal challenge in the United States that could lead to sweeping changes to how young people use Instagram and Facebook.

A jury trial involving Meta and 30 US states, including California and New York, is set to begin on Tuesday. The states accuse the technology giant of violating federal and state privacy laws and deliberately designing its platforms in ways that keep children and teenagers engaged.

The lawsuit, filed in 2023, could have far-reaching consequences for Meta if the company loses. The states are seeking potentially more than $1 trillion in damages and want the company to make significant changes to Instagram and Facebook.

Among the proposed measures are parental verification for teenage users, restrictions on recommendation algorithms, the removal of some appearance-altering image filters and an end to autoplay video.

The states are also seeking to prevent young users from creating multiple accounts, eliminate disappearing posts such as Instagram Stories and remove “like” counts from content viewed by children and teenagers.

They argue that many of these features are deliberately designed to keep users on the platforms for longer periods.

The lawsuit alleges that Meta used features such as frequent notifications and recommendation systems to encourage young people to repeatedly return to its services.

According to the states, Meta “chose to exploit” young users to increase engagement, expand its user base and grow its business.

Meta has rejected the allegations and said it is committed to protecting young people who use its platforms.

“We strongly disagree with these allegations and are confident the evidence will show our longstanding commitment to supporting young people,” a company spokeswoman said.

The case is being heard by Judge Yvonne Gonzalez Rogers, a senior federal judge in California who has presided over several high-profile technology cases.

The trial comes after a separate ruling in New Mexico that could increase pressure on Meta.

A state judge recently fined the company $942 million and ordered it to introduce several measures aimed at protecting young users. These include removing like counts for users under 18, preventing teenagers from sending or receiving nude images and restricting push notifications to certain hours.

The judge also described Meta as a “public nuisance”, comparing the alleged effects of its platforms to the harmful impact of an industrial facility polluting the environment.

While the New Mexico ruling applies only within that state, a victory for the 30 states in the latest case could force Meta to introduce similar changes across the United States.

The states involved represent nearly two-thirds of the US population, meaning the consequences could be significant for the company’s platforms.

One of the key issues in the case is the role of engagement features such as “likes”.

Like counts have been a central part of Facebook and Instagram since the early development of the platforms, providing users with a visible measure of how much attention their posts receive.

However, critics argue that the feature can encourage unhealthy social comparison among young people.

In previous legal proceedings, a young woman who successfully sued Meta described how she created multiple Instagram and YouTube accounts as a child to generate likes for her own posts.

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She said she was nine years old at the time and associated online engagement with validation and self-worth.

Research has also linked social media engagement metrics with negative emotional outcomes among teenagers, including feelings of rejection, depression and poor self-image.

Lawyers representing the states have pointed to internal Meta research as evidence that the company was aware of some of these risks.

According to the lawsuit, Meta’s own research found that Instagram-driven social comparison was associated with increased loneliness, poorer body image and negative moods.

The states argue that despite this research, Meta continued to operate features that encouraged young users to compare themselves with others and remain active on its platforms.

The legal battle comes amid growing scrutiny of social media companies over their impact on children’s wellbeing and privacy.

For Meta, the outcome could determine whether some of the features that have defined Instagram and Facebook for years remain part of the user experience for millions of young Americans.

(BBC News)