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The personal injury trial commenced in late January in Los Angeles Superior Court. A young woman identified as K.G.M., or Kaley, alleged that she became addicted to apps like Instagram and YouTube as a child. Deliberations began last Friday, May 13.
It’s one of several trials taking place this year that experts have characterized as the social media industry’s “Big Tobacco” moment, comparing it the 1990s, when tobacco companies were forced to pay billions of dollars for lying to the public about the safety and potential harms of their products.
On Tuesday, jurors in Santa Fe, New Mexico found that Meta willfully violated the state’s unfair practices after Attorney General Raúl Torrez alleged that the company failed to properly safeguard its apps from online predators targeting children. Meta was ordered to pay $375 million in damages based on the number of violations. The company said that it would appeal the case.
The New Mexico case is separate from other social media lawsuits that state attorneys general have brought against companies including Meta and TikTok.
During the six-week trial in L.A., jury members were tasked with determining whether Meta and YouTube implemented certain design features in their apps like recommendation algorithms and auto-play that contributed to K.G.M.’s crippling, mental distress. The 20-year-old woman alleged that she suffered from severe body dysmorphia, depression and suicidal thoughts due to her near-constant use of the apps and the constant notifications that made it difficult for her to stop.
The court chose the plaintiff’s case as a bellwether to help determine verdicts in similar and connected litigation throughout the state of California under so-called Judicial Council Coordination Proceedings. Although TikTok and Snap were originally part of the case, they settled with the plaintiff before the trial began, and are still involved in other legal proceedings.
A federal trial is set to begin this summer in the Northern District of California involving similar, consolidated claims by school districts and parents nationwide. They claim apps from Meta, YouTube, TikTok and Snap helped foster detrimental mental health-related harms to young users.
A central legal strategy for prosecutors and plaintiff attorneys is to focus on alleged design flaws related to apps like Instagram and YouTube instead of specific content in order to counter arguments made by tech companies that they shouldn’t be held liable for certain third-party content on their platforms due to Section 230, which governs speech.
The L.A. trial, features testimony from several high-level executives, including Meta CEO Mark Zuckerberg, Instagram head Adam Mosseri and YouTube vice president of engineering Cristos Goodrow.
Mosseri pushed back last month on the notion of social media addiction, characterizing it as “problematic” usage. Zuckerberg’s testimony the following week included the revelation that the Facebook co-founder once contacted Apple CEO Tim Cook to discuss the wellbeing of teens and children and that the company’s decision-making process related to digital filters promoting cosmetic surgery and other matters.
Goodrow said in his testimony that YouTube was “not designed to maximize time.”
Lawyers representing both parties made closing arguments about two weeks ago.
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