BOSTON (AP) — Massachusetts’ highest court heard oral arguments Friday in the state’s lawsuit arguing that Meta designed features on Facebook and Instagram to make them addictive to young users.
The lawsuit, filed in 2023 by Attorney General Andrea Campbell, alleges that Meta did this to make a profit and that its actions affected hundreds of thousands of teenagers in Massachusetts who use the social media platforms.
“We are making claims based only on the tools that Meta has developed because its own research shows they encourage addiction to the platform in a variety of ways,” said State Solicitor David Kravitz, adding that the state’s claim has nothing to do with the company’s algorithms or failure to moderate content.
Meta said Friday that it strongly disagrees with the allegations and is “confident the evidence will show our longstanding commitment to supporting young people.” Its attorney, Mark Mosier, argued in court that the lawsuit “would impose liabilities for performing traditional publishing functions” and that its actions are protected by the First Amendment.
“The Commonwealth would have a better chance of getting around the First Amendment if they alleged that the speech was false or fraudulent,” Mosier said. “But when they acknowledge that it’s truthful that brings it in the heart of the First Amendment.”
Several of the judges, though, seem more concerned about Meta’s functions such as notifications than the content on its platforms.
Justice Dalila Wendlandt noted the claim revolves around notifications that trigger the fear of missing out (FOMO) in teenagers. Justice Scott Kafker added that the issue concerns Meta’s methods of attracting user attention.
Meta is currently facing multiple federal and state lawsuits alleging the company designed its platforms with features that addict children. In 2023, a joint lawsuit was filed against Meta across 33 states claiming that it routinely collects data on minors under 13 without parental consent, violating federal law. Massachusetts is a key player in holding Meta accountable for its allegedly harmful practices.
Critics assert that despite the odds against them, state efforts to regulate technology that targets young audiences are crucial, particularly noting that previous research indicated platforms like Instagram can negatively impact users' mental health.
The outcome of this case could set precedents for the tech industry regarding accountability towards young users' mental health and safety.
