COURTS
Judge orders Meta to pay $567 million over harm to New Mexico youth
Meta’s platforms created a public nuisance harming New Mexico children, judge says
A state district judge on Thursday ordered social media giant Meta Platforms Inc. to pay $567 million to repair harm caused by the company’s platforms, including Facebook and Instagram.
But the judge’s monetary award fell short of the $1 billion payment New Mexico sought from Meta to help pay for a $3.7 billion plan to improve mental health treatment services for the state's children.
The order handed down by 1st Judicial District Judge Bryan Biedscheid comes in addition to a jury verdict in March that ordered Meta to pay $375 million in civil penalties. The jury reached its verdict in less than a day following a six-week trial in 1st Judicial District Court in Santa Fe.
A Meta spokesperson said the company disagrees with Biedscheid’s ruling and will appeal.
Attorney General Raúl Torrez, who brought the 2023 lawsuit that led to the ruling and the jury verdict, said the ruling “holds the company accountable for the harms its platforms have caused.” The order also will help prevent child exploitation and expand treatment and recovery services in New Mexico.
“This case has always been about protecting children, standing up for families, and making sure that one of the world's largest technology companies cannot profit from practices that endanger young people without consequence,” Torrez said. “Today’s decision is a victory for every parent who has worried about what social media is doing to their child and every child who deserves to grow up safer online.”
Torrez said he will hold a new conference Friday in Albuquerque to announce next steps for implementing the ruling.
The $567 million payment will fund programs over five years focused on youth mental health awareness and prevention, screening and assessment, referrals and coordination, treatment, and evaluation. The largest portion of the funds — $420 million — will go toward treatment efforts.
The judge also ordered Meta to submit written progress reports to the court and the state twice a year, on June 30 and Dec. 31, over a five-year period.
Biedscheid has presided over two trials since March to consider the state’s claims under the lawsuit. Biedscheid’s ruling on Thursday emerged from a three-week bench trial, without a jury, that began May 4.
In that trial, the judge considered New Mexico's allegation that Meta's platforms created a public nuisance, requiring the company to help pay for harms to New Mexico teens and children.
The state offered evidence and testimony intended to convince the judge that Meta’s platforms enabled child sexual exploitation and worsened a mental health crisis among New Mexico youths.
In response, Meta argued that the evidence does not support New Mexico’s position that social media platforms caused a teen mental health crisis in New Mexico.
Biedscheid said the state proved its case in both trials that social media use has worsened mental health among children and adolescents in New Mexico.
“Recent trends in public health data show that measures of youth mental health in New Mexico have significantly worsened in recent years,” Biedscheid wrote in his 67-page order.
“The increasing rates of youth mental health issues in New Mexico create community-wide harms,” Biedscheid wrote.
The judge cited suicide and eating disorders in the state among problems associated with social media use.
“In recent years, suicide has been either the leading or second leading cause of death among adolescents in New Mexico,” he said. “Similarly, activity indicating disordered eating among youth in New Mexico has significantly increased.”
Age verification
New Mexico didn't get all the changes it sought in Meta's platforms.
New Mexico asked the court to require Meta to apply age-verification tools on its platforms; however, Biedscheid found that such restrictions exceed the authority of the court and may violate federal law.
"While the Court agrees that the inability to determine who is actually 13 years of age or older and who is 18 years of age or older creates avoidable risks of harm to children, the regulatory solutions to these problems lie in the executive and legislative branches and not with this Court," he wrote.
Biedscheid said the state's age-verification proposals rely on "unproven technology or requiring users in this youngest age group to acquire identification" or obtain a judge's determination of age. Those measures "are unreasonable and would result in an unworkable barrier" for legitimate users, he said.
The state's demand that Meta change its content and connection recommendations "would unreasonably interfere with the functioning of Meta's business activities," the judge wrote.
Law enforcement reporting
The judge ordered Meta to prepare and pay for semiannual trainings for state and federal law enforcement related to internet crimes against children.
Biedscheid said the state proved it has limited law enforcement resources to investigate child sexual exploitation, including distribution of child sexual abuse material. The state also proved that Meta's collaboration with law enforcement is "problematic" and prevents the state "from using their resources most efficiently," he wrote.
The order also requires Meta to maintain a 24/7 point of contact for the New Mexico Department of Justice's Internet Crimes Against Children division and to improve Meta's system for reporting internet sex crimes.
Olivier Uyttebrouck covers courts for the Journal. You can reach him at olivier@abqjournal.com.
More on the Meta ruling
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Lawmakers readying social media protection bills in wake of landmark New Mexico court ruling
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Torrez: Elected officials will decide how to spend Meta award totaling $942 million
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Meta to appeal New Mexico ruling holding social media giant liable for teen harm
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How New Mexico’s Meta lawsuit unfolded over the years