Meta faces $1.4tn US trial over alleged child harms

Meta is set to face a federal trial in Oakland, California, starting August 12, as four US states seek restrictions and up to $1.4 trillion in penalties over allegations that Instagram and Facebook were designed to addict children.

Jury selection is scheduled to begin in federal court near San Francisco, with opening statements expected on August 18. The trial is expected to last about six weeks, followed by a verdict in early October.

The attorneys general of California, Colorado, Kentucky and New Jersey accuse Meta of violating state consumer protection laws and the federal Children's Online Privacy Protection Act, known as COPPA. They allege features including infinite scrolling, excessive notifications and like counts were designed to keep minors using the platforms.

Meta told AFP it is “confident in our record of protecting teens online” and will defend itself against claims it says misrepresent the facts. The company intends to argue that mental health is an industry-wide issue and that some of the states' claims are protected by free speech laws.

Meta founder and chief executive Mark Zuckerberg is among the witnesses the states plan to call. The case follows the 2021 leak by former employee Frances Haugen of internal research known as the “Facebook Files,” which showed Meta had studied possible harm from Instagram to some teenage girls while publicly downplaying the impact.

The requested $1.4 trillion in penalties is based on an estimate of affected users in the four states. The jury will have an advisory role, while Judge Yvonne Gonzalez Rogers will decide any penalties if Meta loses.

Meta is also appealing, or says it intends to appeal, recent adverse decisions in other social media harm cases, including a Los Angeles jury award and orders in New Mexico.