A landmark trial is underway in California that could reshape how social media companies design their products, and Meta CEO Mark Zuckerberg was just forced to take the stand.
The case was brought by a 19-year-old from Chico, California, identified only by her initials, K.G.M., who alleges negligence and negligent failure to warn. It is the first case of its kind to reach a jury trial with thousands more potentially coming depending on the outcome.
Legal analysts have compared the case to the Big Tobacco trials of the 1990s, which ultimately forced cigarette companies to pay billions and overhaul product marketing away from advertising that appeals to children.
Zuck Takes the Stand
As reported on Thursday’s AM Update, Zuckerberg appeared in a Los Angeles court Wednesday morning to testify in the high-stakes legal battle that could fundamentally change how social media companies like his operate.
During questioning, the Facebook founder dodged a question about the addictive nature of social media. When K.G.M.’s attorney Mark Lanier asked if people are likely to use something more if it is addictive, Zuckerberg responded, “I’m not sure what to say to that. I don’t think that applies here.”
Lanier also questioned Zuckerberg about age limits on the platform. Users are required to be at least 13 years old to sign up for Facebook and Instagram, but Zuckerberg acknowledged that some people lie about their age when signing up.
“You expect a 9 year old to read all of the fine print,” Lanier asked. “That’s your basis for swearing under oath that children under 13 are not allowed?”
Zuckerberg testified that the company works to remove all accounts operated by kids under 13.
Lanier also questioned Zuckerberg about his preparation for his testimony and other public appearances, pointing to an internal document advising him to appear “authentic, direct, human, insightful, and real.” The Meta CEO replied that he was not coached, adding, “I think I’m actually well known to be sort of bad at this.”
The Landmark Trial
Central to this case is whether platforms like Instagram, TikTok, YouTube, and Snapchat design their products to be addictive to children regardless of the negative outcomes. Facebook and Instagram deny wrongdoing, while TikTok and Snap, the parent company of Snapchat, reached undisclosed settlements with K.G.M. in January just ahead of the trial.
Plaintiffs in this case and others like it argue features like infinite scrolling, constant notifications, and auto-playing videos are engineered to keep kids on social media hour after hour, driving compulsive use linked to depression, anxiety, eating disorders, self-harm, and even suicide.
Court filings say K.G.M. joined YouTube at age 8, Instagram at 9, TikTok at 10, and Snapchat at 11. The complaint alleges she was exposed to sexual grooming, explicit images, and sex-torsion, where a person threatens to release explicit photos unless they’re paid money or sent more photos.
If the L.A. jury sides with the plaintiff, it could pave the way for more trials and settlements nationwide. K.G.M.’s attorney Matthew Bergman told the BBC before the trial began that it marks the first time a social media company will be held to account by a jury.
“Unfortunately, there are all too many kids in the United States, the U.K., and around the world who are suffering as KGM does because of the dangerous and addictive algorithms that the social media platforms foist on unsuspecting kids,” he explained. “These companies are going to have to explain to a jury why their profits were more important than the lives of our young people.”
Until now, tech companies have largely avoided liability for content on their platforms thanks to Section 230 of the Communications Decency Act, the federal law shielding a platform from being sued over third-party content on their platforms. In this case, however, the plaintiff will argue that it is the features on the platforms themselves – like beauty filters – that are harmful.
The trial, which began at the end of January, is expected to last several more weeks. Beyond financial damages, the plaintiff is seeking changes to the apps’ designs to prevent future harm to children.
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