BOSTON (AP) 鈥� Massachusetts’ highest court heard oral arguments Friday in the state’s lawsuit arguing that Meta designed features on Facebook and Instagram to make them addictive to young users.
The lawsuit, filed in 2023 by Attorney General Andrea Campbell, alleges that Meta did this to make a profit and that its actions affected hundreds of thousands of teenagers in Massachusetts who use the social media platforms.
鈥淲e are making claims based only on the tools that Meta has developed because its own research shows they encourage addiction to the platform in a variety of ways,鈥� said State Solicitor David Kravitz, adding that the state’s claim has nothing to do the company’s algorithms or failure to moderate content.
Meta said Friday that it strongly disagrees with the allegations and is 鈥渃onfident the evidence will show our longstanding commitment to supporting young people.鈥� Its attorney, Mark Mosier, argued in court that the lawsuit 鈥渨ould impose liabilities for performing traditional publishing functions鈥� and that its actions are protected by the First Amendment.
鈥淭he Commonwealth would have a better chance of getting around the First Amendment if they alleged that the speech was false or fraudulent,鈥� Mosier said. 鈥淏ut when they acknowledge that its truthful that brings it in the heart of the First Amendment.鈥�
Several of the judges, though, seem to more concerned about Meta’s functions such as notifications than the content on its platforms.
鈥淚 didn’t understand the claims to be that Meta is relaying false information vis-a-vis the notifications but that it has created an algorithm of incessant notifications … designed so as to feed into the fear of missing out, fomo, that teenagers generally have,鈥� Justice Dalila Wendlandt said. 鈥淭hat is the basis of the claim.鈥�
Justice Scott Kafker challenged the notion that this was all about a choose to publish certain information by Meta.
鈥淚t’s not how to publish but how to attract you to the information,鈥� he said. 鈥淚t’s about how to attract the eyeballs. It’s indifferent the content, right. It doesn’t care if it’s Thomas Paine’s 鈥楥ommon Sense鈥� or nonsense. It’s totally focused on getting you to look at it.”
Meta is facing claiming it knowingly designed features 鈥� such as constant notifications and the ability to scroll endlessly 鈥� that addict children.
In 2023, 33 states filed a joint lawsuit against the Menlo Park, California-based tech giant claiming that Meta routinely collects data on children under 13 without their parents鈥� consent, in violation of federal law. In addition, states including Massachusetts filed their own lawsuits in state courts over addictive features and other harms to children.
91欧美激情paper reports, first by in the fall of 2021, found that the company knew about the harms Instagram can cause teenagers 鈥� especially teen girls 鈥� when it comes to mental health and body image issues. One internal study cited 13.5% of teen girls saying Instagram makes thoughts of suicide worse and 17% of teen girls saying it makes eating disorders worse.
Critics say Meta hasn’t done enough to address concerns about teen safety and mental health on its platforms. A from former employee and and four nonprofit groups this year said Meta has chosen not to take 鈥渞eal steps鈥� to address safety concerns, 鈥渙pting instead for splashy headlines about new tools for parents and Instagram Teen Accounts for underage users.鈥�
Meta said the report misrepresented its efforts on teen safety.
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Associated Press reporter Barbara Ortutay in Oakland, California, contributed to this report.
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This story has been corrected to show the lawsuit was filed in 2023, not 2024..
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