Title: States File Lawsuits Against Meta, Accusing Company of Deceptive Practices and Violation of Children’s Privacy Laws
In a major blow to Meta, formerly known as Facebook, several states have launched lawsuits against the social media giant, alleging that the company engaged in deceptive practices and violated laws concerning children’s online privacy and consumer protection. These lawsuits have drawn comparisons to the landmark cases filed against the tobacco industry in the 1990s, which ultimately resulted in significant damages and transformative changes within the industry.
Leading the charge is California Attorney General Rob Bonta, who asserted that Meta’s practices are detrimentally impacting children’s mental and physical well-being and that the company must be held accountable. Notably, this federal lawsuit has garnered bipartisan support, with both Republican and Democratic Attorneys General expressing unified concern about the issue at hand.
The lawsuits specifically accuse Meta of making false and misleading claims about the manipulative nature of its platforms, promoting unhealthy engagement with children, and failing to ensure the safety of its products for younger users. One crucial objective of the lawsuits is to circumvent Section 230 of the Communications Decency Act, which grants platforms immunity from liability concerning content posted by users. Instead, the focus of these legal actions is on Meta’s alleged deception regarding children’s safety on its apps.
Meta has responded to the lawsuits by emphasizing the significant design changes it has implemented to enhance children’s safety. The company criticizes the Attorneys General, arguing that they have not collaborated with the industry to establish clear standards. Despite Meta’s defense, the federal lawsuit alleges that the company violated the Children’s Online Privacy Protection Act (COPPA) by collecting data from users under the age of 13 without obtaining parental consent and by failing to enforce age restrictions on its platforms.
Advocates representing the states are advocating for changes in Meta’s platform operations, including limits on the time young people spend using the apps and modifications to the algorithms that determine the content displayed. Further motivating these legal actions is the absence of updated COPPA legislation or new laws pertaining to children’s online safety from Congress, despite President Biden raising the issue in his State of the Union addresses and as emphasized by his Surgeon General’s warnings about the adverse effects of social media on children’s mental health.
This wave of lawsuits gained momentum following the testimony of Facebook whistleblower Frances Haugen, who highlighted Instagram’s harmful impact on teenage girls. Haugen’s revelations have inspired legislation and state investigations into the practices of social media companies.
The use of state consumer protection laws against social media giants poses a novel legal approach that will be tested in both federal and state courts. Meta is expected to invoke Section 230 and First Amendment defenses in response to these lawsuits.
While legal proceedings can often be lengthy, child safety advocates stress the need for accompanying legislation to hold platforms accountable and prioritize children’s safety. As the calls to address these concerns grow louder, the pressure on Congress to act decisively continues to mount.
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