Recent verdicts against social media companies in New Mexico and California were lauded as “monumental,” “powerful,” and “historic” by members of Congress after juries found platforms liable for harms caused by their design features, rather than the third-party content they hosted.
The verdicts show that courts may be open to accountability for social media platforms based on design rather than speech, which could help legislators to write challenge-proof bills among a continued push to keep kids safe online.
Last month, a jury in New Mexico found that Meta, which owns Facebook and Instagram, violated the state’s Unfair Practices Act by deceiving users about the safety of its platforms. The jury ordered that Meta be held liable for $375 million in civil penalties.
