29 US states sue Meta over addiction created among minors

A trial has begun in the United States against Meta, the group led by Mark Zuckerberg, accused of knowingly designing Instagram and Facebook to create addiction among minors. The lawsuit was filed by 29 US states, which also claim Meta broke the law by collecting personal data from children and teenagers without parental consent.

Among the measures demanded of the company are the elimination of infinite scrolling, autoplay of videos and «like» counters: features the plaintiffs say encourage prolonged use of the platforms. The states involved are also seeking damages that could reach 160 billion francs.

The trial follows two rulings against Meta this year, which according to the courts had compromised the safety and mental health of minors. For Mathilde Saliou, a journalist specialising in digital issues, sanctions of this scale have never been seen before in the field of consumer protection. Large platforms, she warns, have the resources to contest such demands: they have already argued in court that fines of this size would have very heavy consequences. Also unresolved is whether a court could force a company to change the design of its services, a step some say could conflict with the freedom of expression guaranteed by the First Amendment of the US Constitution.

For some legal experts, the lawsuits against major technology companies recall the trials of the 1990s against the tobacco industry, which ended in multibillion-dollar settlements. Saliou finds the comparison telling: just as the tobacco industry knew its products were harmful without disclosing it, the 2021 release of Meta's internal studies showed the company was well aware of the negative effects its platforms could have on people's health and their relationship with the digital world. The effects concern above all minors and the most vulnerable people, but also adult users: according to Saliou, some of Meta's tools helped give visibility to groups promoting radical or even violent ideas, an amplification produced by an algorithm designed to keep users connected for as long as possible.

Broader rules, not just bans

Simply banning minors from social media, as Australia has done and several European countries are considering, would not be the most effective solution, according to Saliou, partly because of the difficulties seen in enforcing the Australian measure. A ban risks creating inequality in access to tools that young people will use anyway once they reach the minimum age, with no guarantee the risks will disappear at that point. Focusing only on age verification, the journalist warns, also risks overlooking risks that affect adult users too, from disinformation to online harassment.

An alternative path, Saliou says, involves less concentration of social media in the hands of a few large companies. The European Eurosky project aims to build an ecosystem of independent services that users can freely choose between, reducing dependence on a handful of US platforms. If the project were to take off, Saliou concludes, European countries could exercise greater control over services developed and operated in Europe.