Meta Found Liable For Design Flaws In California Case; Concealing Child Safety Concerns In NM

Meta and Google were found liable in a landmark California lawsuit alleging that the social media application design is defective in that it harms the developing brains of children and teenagers. Meta and Google are required to pay $3 million each as a result of the verdict. This is the first time a jury has found a social media company liable for a design flaw. The lawyers presented internal studies from Meta that showed they knew the algorithms were addictive and harmful for teenagers. Instead of warning users of potential harms, Meta doubled down and intentionally worked to make Instagram and Facebook more addictive to increase user time on its platforms.

Meta was also found liable in a New Mexico trial this week for not adequately protecting children from predators on its platforms and misleading consumers about safety. The company is paying $375 million in damages for that verdict.

Social media companies have liability protections for the content that appears on their websites under Section 230. Unlike news publications, which intentionally publish everything that appears on their websites, social media sites mostly contain content posted freely by platform users. For that reason, it is difficult for anyone to challenge social media for the harm caused by its content. Both of these lawsuits tackled different issues that aren’t protected by Section 230.

Social media overuse has long been linked with depression, but the attorneys for Meta and Google argued that there is a lack of scientific evidence proving that mental health issues are uniquely tied to social media use for children and teens. Meta’s internal studies and documents, however, acknowledge that Instagram is addictive and that teens feel hopelessly addicted even when usage of the platform makes them feel worse.

CEO Mark Zuckerberg said people tend to use more of something when they feel it provides value. The plaintiff’s attorney pointed out that people also use something more when they are addicted. Zuckerberg said he doesn’t know how to respond to that statement.

Social Psychologist and Author Jonathan Haidt has said “slot machine apps” are designed to get users to spend more time on the platforms. Gambling addicts are driven by the next potential win, which could occur with a simple pull of the lever on the slot machine. Likewise, people can feel compelled to continue scrolling as there is endless content and a likelihood of finding something engaging.

Haidt has admitted that he struggles with addiction to his phone as a result of the slot machine apps, even when he knows checking his phone isn’t productive. He adds that these apps are even more addictive for developing teenage brains, which are more sensitive to social feedback and rewards. Haidt explains that social media companies have studied Las Vegas gambling techniques. He advises people to delete addictive slot machine apps from their phones to suppress the compulsive urge to check their devices frequently.

Both Meta and Google have responded to the ruling by saying they disagree with the verdict. Meta said that teen mental health is “profoundly complex and cannot be linked to a single app.”

The jury didn’t determine that Meta and Google/YouTube were solely responsible for the depression, anxiety, body dysmorphia, compulsive/addictive behaviors, and suicidal ideation of the plaintiff. Rather, they ruled that the companies were negligent in the design and operation of their platforms. Both companies failed to warn users about the potential dangers of their platforms, especially for children. Lastly, the jury determined that the negligence of each company was a substantial factor in causing harm to the teenager’s mental health.

Many have compared this turning point in the case against social media companies to that of Big Tobacco. Meta reframes the discussion to claim that a single app cannot be solely responsible for adverse mental health outcomes in teens, but Big Tobacco once made similar claims about their products. Some of their claims were “we don’t know why people get lung cancer” and “heavy cigarette smoking is not the only factor in lung cancer.”

Zuckerberg suggested during the trial that the time people spend on his platform reflects the value the platform provides rather than its addictive nature. Seven big tobacco executives had a similar moment in 1994 when they all said they “believe” that nicotine is not addictive.

Social media began in the late 90s, and it wasn’t until 2003-2004 that platforms like Myspace and Facebook became popular. Smartphones weren’t available at that time and didn’t become popular until after 2010. The combination of the “slot machine” platforms alongside a mobile device with instant access at any moment of the day has caused compounding effects on attention span and depression.

Researchers found that the presence of a smartphone consumes cognitive resources even when the individual is not actively shifting attention to it or using it. Individuals complete work more slowly when a smartphone is present, according to the 2023 study.

Meta said it plans to appeal the verdict. While there are many factors that play a role in the mental health of teenagers and children, there are internal and external studies showing a steady correlation between the overuse of platforms like Instagram and higher levels of depression.

Meta has seen a significant 10% stock drop following the two verdicts this week. The company has also faced recent criticism for the way it handles data collected from users of Meta Glasses. As reported by The HighWire, private recordings are unknowingly sent to human reviewers in Nairobi, Kenya, who review sensitive information for about $2 per hour.