Meta's child safety trial: What Instagram is accused of & what's at stake

A 29-state coalition sued Meta in 2023 over child safety and privacy; California, Colorado, Kentucky, New Jersey are leading the current trial, while other states will pursue their cases separately

A former Meta engineering director, who previously testified before Congress on child safety on Instagram, told jurors on Wednesday that the company took a “don’t ask, don’t tell” approach towards children under 13 using its platforms, Associated Press reported.

 

On the second day of his testimony, Arturo Bejar said Meta prioritised profits over safety while designing its products, focusing on how often and how long users stayed on its platforms, even when it could harm their mental well-being.

 

“If you step away from the product, they are not going to make any money,” Bejar told the court.

 

The trial began Tuesday in federal court in Oakland, California, with Meta facing four states -- California, Colorado, Kentucky and New Jersey. It is expected to last about six weeks. The four states are among 29 that sued Meta in 2023 over child safety and privacy. The remaining 25 states will go to trial later.

 

 

The lawsuit alleges that Meta knowingly designed features that kept children hooked to its platforms while downplaying the risks. It also accuses the company of collecting data from children under 13 without parental consent, violating federal law. Meta has denied the allegations.

 

So, what is the case against Meta, who filed it and what could be at stake for Instagram and Facebook?

 

What is the lawsuit against Meta?

 

The case stems from a lawsuit filed in 2023 by a coalition of 29 US states. California, Colorado, Kentucky and New Jersey are leading the current trial, while the other states are pursuing related claims separately.

 

The states accuse Meta of deliberately designing Facebook and Instagram in ways that encouraged young users to spend more time on the platforms, despite knowing about potential risks to their mental health.

 

They also allege that Meta misled consumers about the safety of its platforms and failed to adequately protect children under 13.

 

The lawsuit includes allegations concerning both youth mental health and children's privacy. The states argue that Meta knew children below the age of 13 were using its services but did not do enough to identify and remove them. They also accuse the company of collecting and using children's personal information without obtaining the parental consent required under US federal law, news agency Reuters reported.

 

A federal judge rejected Meta's attempt to have the states' claims dismissed in June, allowing the case to proceed to trial.

 

What do the states allege?

 

At the centre of the case is the states' claim that Meta knew its products could be harmful to young users but continued to prioritise engagement.

 

Prosecutors have pointed to features such as infinite scrolling, recommendations, notifications and likes, arguing that they were designed to keep users coming back and spending more time on the platforms.

 

The states also say Meta's own internal research showed the company was aware of problems affecting young users. Bejar's testimony is intended to support that argument.

 

According to Bejar, Meta's safety systems did not adequately address the experiences reported by teenagers. He has also criticised features such as Instagram's “Take a Break” tool, arguing that safety measures were ineffective when users had to activate them themselves.

 

A particularly important part of his testimony concerns children under 13. Instagram officially requires users to be at least 13, but Bejar has alleged that Meta knew many younger children were using the platform and did not make sufficient efforts to find them.

 

He described this as a “don’t ask, don’t tell” approach, suggesting that identifying underage users could reduce the platform's user base and engagement.

 

The states also accuse Meta of violating federal child-privacy rules by collecting data from under-13 users without appropriate parental consent.

 

What did Bejar tell Congress?

 

Bejar's testimony before Congress in 2023 is significant because it predates the current trial and provides the background to several of the allegations now being examined in court.

 

He told senators that his teenage daughter had faced repeated unwanted sexual advances and harassment on Instagram. He said he subsequently returned to Meta as a consultant and found that some of the safety measures developed during his earlier time at the company had been removed.

 

He also told Congress that he had shared his concerns with senior executives, including Mark Zuckerberg and Sheryl Sandberg, but did not receive a response from Zuckerberg to one of his warnings.

 

What does Meta say?

 

Meta has denied the states' allegations and rejected the suggestion that it deliberately designed its platforms to harm or addict children.

 

The company has argued that the states are presenting evidence selectively and taking internal discussions out of context. Meta has also pointed to the safety measures it has introduced for young users and its efforts to remove accounts belonging to children below 13.

 

The company disputes that Facebook and Instagram can be directly blamed for mental-health problems among young people. Its lawyers have also questioned whether the evidence establishes a causal link between social media use and the harms alleged by the states.

 

Meta has also argued that children lying about their age is a longstanding problem faced by social media companies, making enforcement of age restrictions difficult, Associated Press reported.

 

How much could Meta have to pay?

 

The financial stakes are enormous. The states are seeking financial penalties, but they are also seeking changes to the way Meta operates Facebook and Instagram. Reuters reported that Meta has warned it could face as much as $1.4 trillion in damages, although the states' own estimate has been reported at around $200 billion.

 

The states are also seeking court-ordered changes to platform features and practices, including measures aimed at reducing addictive engagement and strengthening protections for younger users. Such changes could affect how Instagram and Facebook are designed and how they recommend and display content.

 

What to watch next?

 

The trial is taking place in federal court in Oakland, California, before US District Judge Yvonne Gonzalez Rogers. It is expected to last about six weeks.

 

An eight-person jury is hearing the evidence, but its verdict will be advisory. Judge Rogers will ultimately decide the case. Meta CEO Mark Zuckerberg and Instagram head Adam Mosseri are among the executives expected to testify.