Social media firms lose bid to stop expert testimony on how it harms youth

LA judge said testimony for all but one of 11 proposed witnesses could be presented at trial, but that all of the experts would be prohibited from discussing the intent of the social media companies

By Madlin Mekelburg

 

Jurors will be allowed to hear expert testimony about the impact of social media on young users during coming trials against tech companies over alleged harm caused by their platforms, a Los Angeles judge ruled. 

Meta Platforms Inc., Snap Inc. Google LLC and TikTok Inc. had sought to have the testimony excluded from the lawsuits they face from hundreds of individuals, school districts and state attorneys general. The companies argued that the experts weren’t reliable.

 

Lawyers for the plaintiffs said testimony from the doctors and researchers identified as experts would provide critical context for jurors.

 

In an 87-page ruling Monday, Los Angeles Superior Court Judge Carolyn B. Kuhl said testimony for all but one of the 11 proposed witnesses could be presented at trial, but that all of the experts would be prohibited from discussing the intent of the social media companies.

 

Notably, Kuhl also rejected arguments raised by the companies that the testimony should be excluded under the federal Communications Decency Act’s Section 230, the legal shield for online platforms.

 

“Many of plaintiffs’ experts make the unsurprising observation that some of the third-party content minors see on social media can be harmful,” Kuhl said in her ruling.

 

Citing previous rulings, she said Section 230 does not apply as long as the plaintiffs refrain from seeking “to hold the provider liable for allowing that content to exist.” The social media companies will have to answer to claims that the design or operation of their platforms are to blame for young users becoming addicted or suffering other harm.

 

The case is Social Media Cases JCCP, JCCP 5255, California Superior Court (Los Angeles).