United States of America: Jury found Meta Platforms liable for child safety failures and deceptive platform practices and ordered USD 375 million in civil penalties

Description

Jury found Meta Platforms liable for child safety failures and deceptive platform practices and ordered USD 375 million in civil penalties

On 24 March 2026, a jury of the First Judicial District Court, County of Santa Fe, issued its decision in a lawsuit brought by the New Mexico Department of Justice against Meta Platforms. The jury found Meta Platforms liable on both counts under the New Mexico Unfair Practices Act. The lawsuit, filed on 5 December 2023, concerned claims that Meta Platforms, Instagram, Meta Payments, and Meta Platforms Technologies exposed minors to child sexual abuse material (CSAM), commercial sexual exploitation of children (CSEC), and human trafficking through the Facebook and Instagram platforms. It also addressed the design of certain platform features, including engagement-based feeds, infinite scroll, push notifications, ephemeral content, and autoplay video, and their potential impact on user behaviour, particularly among younger users. The complaint further raised concerns about public statements on platform safety and the use of a “prevalence” metric to measure harmful content. The jury awarded civil penalties of USD 5,000 per violation, totalling USD 375 million. A separate public nuisance claim under NMSA 1978, Section 30-8-8 and common law remains pending and is scheduled to be heard in a bench trial beginning on 4 May 2026. In those proceedings, the New Mexico Attorney General’s Office is expected to seek additional financial penalties and injunctive relief, including measures related to age verification, the removal of predatory accounts, and restrictions on certain forms of encrypted communications.

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Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-12-05
under deliberation

On 5 December 2023, the New Mexico Attorney General's Office filed a complaint in the First Judicia…

2026-03-24
under investigation

On 24 March 2026, a jury of the First Judicial District Court, County of Santa Fe, issued its decis…