Why is the case important?
It is unusual for so many states to come together to sue a tech giant for damages to the consumer. The coordination shows that states are prioritizing the issue of children and online safety and combining legal resources to fight Meta, just as states have previously done in cases against big tobacco and pharmaceutical companies.
Lawmakers around the world have attempted to control platforms like Instagram and TikTok on behalf of children. In recent years, Britain, followed by states such as California and Utah, passed laws that would require social media platforms to increase protections for the privacy and safety of minors online. The Utah law, among other things, would require social media apps to turn off notifications by default for minors at night to reduce disruptions to children’s sleep.
Regulators have also sought to hold social media companies responsible for potential harm to young people. Last year, a coroner in Britain ruled that Instagram had contributed to the death of a teenager who took her own life after viewing thousands of images of self-harm on the platform.
How the investigation began
States began investigating the potentially harmful effects of Instagram on young people several years ago as public concern about cyberbullying and teen mental health grew.
In early 2021, Facebook announced that it planned to develop “Instagram Kids,” a version of its popular app aimed at users under 13 years old. The news sparked a violent reaction among concerned legislators and children’s groups.
Shortly after, a group of attorneys general from more than 40 states wrote a letter to Mark Zuckerberg, the company’s CEO. In it, they said Facebook had “historically failed to protect the well-being of children on its platforms” and urged the company to abandon its plans for Instagram Kids.
Concerns among attorneys general intensified in September 2021 after Frances Haugen, a former Facebook employee, leaked company investigation indicating that the company knew that its platforms posed risks to the mental health of young people. Facebook later announced that it was pausing development of Instagram Kids.
That November, a bipartisan group of attorneys general, including coloradoMassachusetts and New Hampshireannounced a joint investigation into the impact of Instagram (and its possible harmful effects) on young people.
Remedies
Under state and local consumer protection laws, attorneys general are seeking financial penalties for Meta. The District of Columbia and the states will also ask the court for injunctive relief to force Meta to stop using certain technology features that the states say have harmed young users.
