Meta will have to head to court to face allegations about the impact Instagram is having on young users, despite great efforts to get the case quashed.
A Superior Court judge in Boston has given the go-ahead for the lawsuit launched by Massachusetts Attorney General Andrea Joy Campbell.
Much like the recent case launched against TikTok by a group of 14 attorney generals, the social media stands accused of deceiving the public about the impact the platform could be having on the mental health of teenagers.
Meta Dubbed ‘Public Nuisance’ by Lawsuit
The lawsuit hinges on the accusation that Meta has created a “public nuisance, by designing and using addictive design features on Instagram to exploit children’s psychological vulnerabilities”.
More than this, the lawsuit alleges that Meta knew exactly what was happening and “falsely represented to the public that its features were not addictive and that Meta prioritized youth health and safety.”
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False Statements Scrutinized
Meta had pushed to get the lawsuit thrown out, citing Section 230 of the Communications Decency Act of 1996, Reuters says. The federal law protects internet companies from lawsuits over content that users have posted.
Suffolk County Superior Court Judge Peter Krupp threw this out, writing in his statement that “Section 230 does not apply to claims based on a defendant’s own speech.” He argues that this is not about just content, but Meta’s actions (or lack of) to protect young users and their lack of willingness to follow through on statements previously made about platform safety.
Focusing on one example, Krupp points to the social media behemoth’s “ineffective” age-verification system, which is supposed to ensure people under the age of 13 – an age demographic Meta themselves says should not be on their apps – aren’t using them.
The filing alleges, however, that Meta has “recklessly and/or deliberately” avoided removing accounts made by members of this age group, as such actions would shrink their user base significantly.
Meta Doubles Down on Defense
Campbell said in a statement after the ruling that “we can now move forward with our claims to hold Meta accountable and continue to push for meaningful change on Meta’s platforms that will protect young users.”
Meta, however, remains adamant that it will win, stating that the “evidence will demonstrate our commitment to supporting young people.”
The fighting words come as the company faces down a lawsuit brought by 41 states on the same issue, which also includes the allegation that Meta execs rejected changes that its own research suggested would improve the well-being of its teenaged users.
Going after the social media giants
TikTok is facing similar accusations and has also had its own research about the platform’s impact on the mental well-being of younger users thrown back against it.
In the unredacted court papers, which were picked up by a Kentucky radio station, the lawsuit states that TikTok’s own research found that “compulsive usage correlates with a slew of negative mental health effects like loss of analytical skills, memory formation, contextual thinking, conversational depth, empathy, and increased anxiety.”
Both organisations are claiming they protect users; but have both had their own research used against them, proving exactly the opposite.
